Supreme Court Adjourns Plea Seeking Assembly Elections In Jammu And Kashmir

The Supreme Court today, in the light of the upcoming hearing of the batch of cases challenging the abrogation of Article 370, adjourned a Writ Petition filed by the Jammu and Kashmir National Panthers Party (JKNPP) leaders seeking directions to the Election Commission of India to conduct elections for the legislative assembly of the Union Territory of Jammu and Kashmir without any further delay.

The Bench of Chief Justice D.Y. Chandrachud, Justice P. S. Narasimha and Justice Manoj Misra at the outset noted that the plea is related to the abrogation of Article 370 of the Constitution. Adjourning the matter, the Chief Justice observed "The 370 matter is listed on the 11th for directions, so we can adjourn it until the 11 and then see what happens in the Constitution Bench then".

Appearing for the Petitioner, Advocate-on-Record Rizwan Ahmad urging the Bench to issue a notice in the matter, submitted "This is a different case in so far as we have been disenfranchised." Refusing to issue notice, the Bench observed, "They are identical, both are linked. Why don't you give a copy of the petition to the Central agency."

The Court in its order observed, "Learned. Counsel appearing on behalf of the Petitioner must serve a copy of the Petition to the Central agency", and directed the matter to be listed after July 11, 2023.

The Court was hearing the petition filed by National Panthers Party leaders (JKNPP) leaders, Manju Singh and Harsh Dev Singh seeking directions to the Election Commission of India to conduct elections in the union territory without any further delay.

It was submitted in the plea that the fact that the impugned proclamation suspends the most fundamental provisions of the Constitution for an indefinite period, is a serious constitutional fraud. By failing to lay down a time limit for which the President shall take over the operational reins, the impugned proclamation contravenes the letter and spirit of the Iegal framework regulating cases of breakdown of constitutional machinery in a Union Territory.

"The Impugned Proclamation has arbitrarily delayed the elections to the Legislative Assembly of erstwhile State of Jammu and Kashmir without any justifiable reason, ergo, amounting to a violation of Article 14 of the Constitution. In this period, elections to State Assemblies in major states and ByeElections in several States / UTs have taken place in the middle of a raging global COVID-19 pandemic. Even in the erstwhile State of Jammu and Kashmir elections to Municipal Bodies, Panchayats, Block Development Couficils, District Development Council, and House of People (Lok Sabha) have been held without any obstruction or notable untoward happening. Ergo, the arbitrariness which is self-evident in this step-motherly treatment by the Election Commission of India in the face of unanimous willingness and repeated petitions to it by all the recognised political parties of Jammu and Kashmir except Bhartiya Janta Party goes to the root of Article 14 and Article 19 of the Constitution", reads the Petition.

The Legislative Assembly of the erstwhile state of Jammu and Kashmir was suspended in June 2018. Thereafter, President’s Rule was imposed through a Presidential Proclamation under Article 356 of the Constitution. Later, the President’s Rule in the state was revoked. Parallely, the newly formed Union Territory of Jammu and Kashmir (JKUT) came into existence on the same day, and, through another notification on October 31, 2019, the administration of JKUT by Central rule (by the President, through the Lieutenant Governor) was declared.

The Supreme Court announced on July 3 that the Constitution Bench consisting of Chief Justice D.Y. Chandrchaud, Justice Sanjay Kishan Kaul, Justice Sanjiv Khanna, Justice B.R. Gavai and Justice Surya Kant will take up the batch of Writ Petitions challenging the abrogation of Article 370 on July 11 for passing directions.

Cause Title: Manju Sing & Ors. v. Union of India & Ors. [W.P.(C) No. 000603 - / 2023]