J&K High Court, Jammu Bench 
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J&K High Court seeks ECI response to plea for by-elections in Nagrota and Budgam

Former minister Harsh Dev Singh moved the Court alleging that the ECI is violating constitutional rights by delaying elections to two assembly constituencies.

Mohsin Dar

The High Court of Jammu & Kashmir and Ladakh recently issued notice to the Election Commission of India (ECI), the Central government and the Union Territory (UT) administration on a plea seeking immediate by-elections in the assembly constituencies of Nagrota and Budgam [Harsh Dev Singh vs Union of India and Ors].

Justice Sanjay Dhar passed the order on a plea filed by former minister Harsh Dev Singh.

The Court stated that the reply must be filed by September 8. The case will be heard next on the same date.

In his plea, Singh alleged that there has been a deliberate delay in announcing by-elections to these vacant seats, which amounts to denying the people of these constituencies their fundamental and statutory right to representation.

He pointed out that the ECI is constitutionally mandated under Section 151A of the Representation of People Act, 1951, to fill such vacancies within six months of occurrence.

However, despite the lapse of over ten months, no steps have been taken, and arbitrary reasons like massive snowfall have been cited, the plea argued.

[Read Order]

Harsh_Dev_Singh_vs_UOI.pdf
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