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Plea against Delimitation Commission in Jammu and Kashmir, Supreme Court seeks Centre, Election Commission response

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The Supreme Court on Friday sought reply from the Centre, the Jammu and Kashmir administration, and the Election Commission (EC), on a plea against the constitution of the Delimitation Commission to redraw the Assembly and Lok Sabha constituencies in the Union Territory.

Counsel representing the petitioners submitted before a bench headed by Sanjay Kishan Kaul that the delimitation exercise, which was carried out recently, was contrary to the scheme of the Constitution, as the alteration of boundaries could not be done.

The bench, also comprising Justice M.M. Sundresh, then asked counsel why the petitioners did not challenge the constitution of the Commission, which was formed some time ago. As counsel contended it is the Election Commission, as per delimitation order, which is empowered to do any changes, the bench further queried from the petitioners’ counsel as to why his clients did not challenge the formation of the Commission itself?

Solicitor General Tushar Mehta said the plea contends that delimitation can be conducted only by the EC and not the Delimitation Commission.

While objecting to some submissions, the bench told counsel that Kashmir was always part of India and just a special provision was removed.

Mehta said their case is that after Article 370 is gone, the census will only take place in 2026. He further added that delimitations are of two types: one based on geography done by the Delimitation Commission, and the other, by the Election Commission in connection with reservation of seats.

The petitioner’ counsel further argued that the government will place the delimitation order before Parliament, which would further complicate the matter. To this, the bench asked why the petitioners didn’t take it up two years ago.

After hearing the arguments, the top court issued notice to the Centre, J&K administration, and the poll panel, giving them six weeks to file their response, and scheduled the matter for further hearing on August 30.

The plea moved by Haji Abdul Gani Khan and Dr. Mohammad Ayub Mattoo, both residents of Kashmir, sought directions seeking a declaration that increase of number of seats from 107 to 114 in Union Territory of Jammu & Kashmir is ultra vires the constitutional provisions such as Articles 81, 82, 170, 330, and 332 and statutory provisions particularly under section 63 of the Jammu & Kashmir Reorganisation Act, 2019.

The plea also urged the top court to issue to direction to declare notification issued on March 6, 2020, constituting the Delimitation Commission to take up delimitation in the UT of J&K and states of Assam, Arunachal Pradesh, Manipur and Nagaland is violative of Article 14 of the Constitution.

“In fact, in the State of Jammu and Kashmir, the census operation was completed in 2001, but the delimitation was done in 1995. Even on this count, the entire process adopted is unconstitutional as there is no population census operation during 2011 at all for Jammu and Kashmir,” said the plea.

The plea argued that if August 5, 2019 was to unite the Jammu and Kashmir state with India, then the delimitation process defeats the “new order” of one nation and one Constitution in the country. It said: “While Article 170 of the Constitution of India provides that the next delimitation in the country will be taken up after 2026, why has the UT of Jammu and Kashmir been singled out?”

Mumbai Press Exclusive News

Providing basic amenities to Mumbai is our priority, Samajwadi Party’s election manifesto released, Abu Asim Azmi claims to solve urban problems

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Mumbai: The Samajwadi Party released its election manifesto for the Mumbai Municipal Corporation (BMC) elections at a press conference today. The party’s Maharashtra president Abu Asim Azmi presented this manifesto keeping in mind the basic problems of the people of Mumbai. Abu Asim Azmi has also promised free water supply along with basic amenities in the election manifesto. It has been promised to provide 700 liters of clean and free drinking water to every family in Mumbai daily. To raise the standard of education, it has been decided to improve the quality of municipal schools and provide scholarships and free facilities to needy students for higher education. It has also been declared necessary to arrange modern medical facilities, neighborhood clinics and free medicines in every ward of Mumbai in the medical department and health department. In addition, efforts have been made for equal employment opportunities. Creating new employment opportunities for the youth and making special projects to eliminate unemployment are also part of the election manifesto. Providing better facilities for the residents of slums, pucca houses and pothole-free roads in the city, bringing transparency in the functioning of BMC and eliminating corruption are also the main components of the election manifesto. Addressing the press conference, Abu Asim Azmi said that the Samajwadi Party is committed to the development of Mumbai and to providing its people with their fundamental rights. Our aim is not just to make promises but to make Mumbai a better and prosperous city.

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Mumbai Press Exclusive News

Mobile phones banned at Mumbai BMC election polling centre

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Preparations for the Mumbai Municipal Corporation (BMC) elections are in the final stages. On the instructions of the Election Commission, Mumbai Police has banned mobile phones at polling stations and the use of mobile phones is prohibited within a radius of 100 meters. The code of conduct will be applied at polling stations. There will be a complete ban on the use of mobile phones and wireless within 100 meters. In addition, advertising campaigns and advertising of election symbols are also prohibited. Candidates cannot attract voters at polling stations. If anyone is found involved in this process, action will be taken against them. This order has been issued by Mumbai DCP Operation Akbar Pathan on the instructions of Mumbai Police Commissioner Devin Bharti.

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Local body elections deal a blow to Ajit Pawar, alliance leader withdraws from election process

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Amidst the Mumbai election frenzy, Ajit Pawar has suffered a big setback. Ajit Pawar’s electoral math has failed in Pimpri Chinchwad and Pune. Therefore, the question is being raised as to what will actually happen now. Top leaders of Ajit Pawar’s group have left the alliance. The atmosphere in the state has become heated due to the local body elections. As the voting date approaches, the campaign is now in full swing. Big leaders of the state are holding meetings across the state. A good crowd of people is seen in the meetings of these leaders. All the parties in the state are struggling hard to win important municipal corporations like Mumbai, Thane, Nashik. Both the municipal corporations of Pune and Pimpri Chinchwad are equally important and the deputy chief minister of the state, Ajit Pawar, has come with great strength. But now Ajit Pawar has suffered the biggest setback. Dada has suffered this severe setback when the campaign has reached its peak. Therefore, the electoral math is about to change in Pune and Pimpri-Chinchwad. Ajit Pawar had allied with the RPI (Kharat) group to woo Dalit voters. But now Ajit Pawar has been given a big shock by RPI (Kharat Group) party chief Sachin Kharat. Sachin Kharat has suddenly withdrawn from the local body elections. He has also announced that he will not support any candidate. Ajit Pawar had given Kharat some seats for Dalit voters in Pune and Pimpri-Chinchwad. But now Kharat himself has withdrawn from the elections, which has created a big dilemma for Ajit. Sachin Kharat has announced his stand through a video. Kharat has said in this video that “I have not got any seat with dignity. Therefore, I am withdrawing from the electoral process of the Municipal Corporation elections which are currently going on in Maharashtra. I do not support any party or any candidate under any circumstances,” Kharat has said in this video. So what will Ajit Pawar do now? This is important to watch.

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