Delimitation order final, can’t can’t be challenged in courts: GoI

As political activities resume in Jammu and Kashmir, the Centre has asserted before the Supreme Court that the delimitation exercise in the newly created union territory has become final and can’t be challenged in courts.

“Section 10(2) of the Delimitation Act, 2002, bars challenge to the orders of the Delimitation Commission once they are published in the Gazette of India. Thus, the instant writ petition is nothing but a frivolous attempt to challenge the Delimitation Commission without any basis,” the Ministry of Home Affairs said in an affidavit filed in the top court.

The affidavit has been filed in response to a petition challenging the delimitation exercise in Jammu and Kashmir. A Bench led by Justice Sanjay Kishan Kaul, which had last month rapped the Centre for not filing its response to the petition filed by Srinagar residents Haji Abdul Gani Khan and Mohammad Ayub Mattoo, is likely to take up the matter on September 29.

The top court had on May 13 asked the Centre, J&K administration and the Election Commission to respond to the petition challenging the decision to appoint Delimitation Commission headed by Justice (Retd) Ranjana Prakash Desai to redraw the Lok Sabha and Assembly constituencies in the newly created union territory.

The Centre also rejected the petitioners’ contention that only the Election Commission was empowered to conduct the delimitation exercise under the Jammu and Kashmir Reorganisation Act, 2019, saying, “Section 61 and Section 62 of the 2019 Act do not preclude the establishment of Delimitation Commission by the Central Government u/S 62 of the 2019 Act.”