Diplomat Correspondent
Jammu, DD: A writ petition was filed in the High Court of Jammu & Kashmir for issuance of a writ of mandamus directing the Election Commission of India (ECI) to hold immediate Assembly elections in Nagrota and Budgam which were declared vacant on 1st Oct, 2024 in conformity with the law laid down on the subject by the Supreme Court and in consonance with its mandate of sec 151 A of representation of Peoples’ Act.
Alleging inordinate and inexplicable delay, Mr. Harsh Dev Singh who has filed the said writ petition in person has stated that by elections in the said two Assembly constituencies have been denied on extraneous considerations and in violation of plethora of rulings of various Courts and the provisions of Sec 151 A of RPA Act which mandate holding such elections within a period of six months from the date of occurance of such vacancies.
Mr. Singh pointed out in the petition that existing laws required the said elections to be held before ending March 2025.“The said elections were arbitrarily denied while issuance of Election notification on 07.01.2025 and the ECI had given a statement that by elections on the said two seats can’t be held due to massive snowfall deliriously oblivious of the fact that Nagrota constituency has never ever experienced snowfall in its history. And while the Assembly Elections were denied during the ECI notification of 07.01.2025 declaring Delhi Assembly and Assembly by elections for few other seats in UP and Tamil Nadu, the ECI once again disappointed the people of Nagrota and Budgam while issuing another Election notification on 25.05.2025. In the said notification by elections in the State of Gujrat, West Bengal, Punjab and Kerela were announced while giving a raw deal to the two seats of J&K and once again treating it prejudicially”, stated Mr. Singh in his petition.
The petitioner further submitted that the ECI did not seem to have any intention of holding the Elections in J&K as it was behaving as a mute spectator while having activated its Election machinery in Bihar. He stated that the Supreme Court Bench headed by Chief Justice of India Hon’ble DY Chandrachud in a significant ruling had observed that “ there must be some duty cost on the Election Commission to proceed with alacrity the moment a vacancy arises”. The ECI having failed to initiate the Election exercise for the last 10 months and giving lame excuses has brazenly defied not only the Supreme Court but also the prevalent law on the subject. Seeking indulgence of the High Court, Mr. Singh pointed out that Elections are never held in J&K until and unless the Court intervenes and orders restoration of democracy.DD
