Jammu, Dec 12 (UNI) Jammu and Kashmir High Court has issued notice to the State government to file within four weeks the reply to a Public Interest Litigation (PIL) seeking directions for constitution of the Delimitation Commission for the readjustment of the Legislative Assembly seats.
The PIL, sources said, has sought quashing of Proviso-II to Sub-Section 3 of Section 47 of the Constitution of J and K inserted by virtue of Constitution of J and K (29th Amendment) Act of 2002, providing therein that it shall not be necessary to raise the total number of seats in the State Legislative Assembly till 2026.
A Division Bench comprising Acting Chief Justice Nisar Ahmed Kakru and Justice Y P Nargotra, after considering the nature of controversy raised in the PIL filed by former Member of Parliament Sheikh Abdul Rehman last afternoon, also directed the Advocate General to assist the tribunal in the matter.
The petitioner, through Advocate S H Shah Ashrafi, submitted that the Proviso-II had indirectly deferred the constitution of the Delimitation Commission for re-adjustment of seats in the State Legislative Assembly for around three decades, which amounts to the violation of the fundamental rights of the people of the state.
He further submitted to the court that with the creation of eight new districts a peculiar situation had arisen. Some parts of one Assembly constituency in J and K are falling under the jurisdiction of two districts, which is quite contrary to the established practices and totally against the interests of the public particularly with regard to development activities, he informed the Court.