Jammu And Kashmir: Party Moves SC Seeking Directions To Election Commission For Conducting Polls

A petition has been filed in the Supreme Court seeking elections for the legislative assembly of the Union Territory of Jammu and Kashmir.

Jammu and Kashmir National Panthers Party (JKNPP) leaders Harsh Dev Singh and Manju Singh have filed the petition seeking court directions to the Election Commission of India (ECI) to conduct elections without further delay.

The petitioners have alleged that delaying elections has deprived people of their right to have elected representatives, which is part of the basic structure of the Constitution.

The petition claims that the delay and denial of holding elections by the ECI is willful and deliberate, with the sole objective of allowing the ruling party at the Centre, BJP, to continue its proxy rule in the erstwhile state.

The plea argues that the Election Commission is aiding the ruling party at the Centre by giving it the longest possible rope to restore its goodwill in Jammu and Kashmir after its unilateral decisions involving dismantling the erstwhile state and demoting it to the status of a union territory.

The state assembly was suspended in June 2018 and dissolved in November 2018 after the former Chief Minister, Mehbooba Mufti, tendered her resignation.

The full commission, headed by the Chief Election Commissioner, visited the state of Jammu and Kashmir in March 2019 to take stock of the prevailing situation for the purpose of holding elections to the legislative assembly and held several meetings with various stakeholders, particularly political parties, with the objective of obtaining their views.

The plea highlights that all the political parties active in Jammu and Kashmir, excluding the BJP, favoured immediate restoration of a democratically elected government in Jammu and Kashmir so that the people of the state could engage in legislative business, decision making, and administration of the affairs of the state through their elected representatives.

However, despite the recognised political parties unanimously favouring and demanding early elections to the state assembly, the Election Commission of India postponed the elections to the state assembly in line with the preferred stand of the ruling party at the Centre.

Therefore, the plea requests the Supreme Court to issue appropriate writs, directions, or orders to the respondent to take all necessary steps to conduct and conclude elections to the legislative assembly of the Union territory immediately without any further delay.