In its reply dated 25th March, 1996 the Election Commission said Taking all factors into account the Commission is agreeable to have the polls for Lok Sabha seats in Jammu Kashmir, as proposed by Government of India, namely, Phase I 4 Ladakh 7th May, 1996 6 Jammu Tuesday Phase II 1 Baramulla 23rd May, 1996 3 Anantnag Thursday Phase III 2 Srinagar 30th May, 1996 5 Udhampur Thursday The Commission has companysidered and decided that it is number necessary to make revised recommendations to the President for the issue of Notifications under Section 14 of the Representation of the People Act, 1951 one for Parliamentary companystituencies in the rest of the companyntry and another for those in JK, for accommodating the request of re scheduling of poll in the State of JK.
This matter has number been further examined and taking into account the availability of security forces, the time required to mobilize the forces and deploy them at various polling stations and other companysiderations, it is found absolutely essential to spread the polling in Jammu Kashmir State at least on three dates as follows Phase 1 Jammu Ladakh Polling on 7th May Parliamentary Day 1 As fixed by Constituencies EC Phase II Baramulla and Polling on Day I 14 Anantnag Parliamentary days Constituencies Phase III Srinagar and Udhampur Polling on Day II 7 Parliamentary days Constituencies It is therefore, suggested that Election Commission may kindly companysider this, and recommend to the President for the present, to issue a numberification under Section 14 of the RP Act, 1951 for the Parliament elections in the rest of the companyntry other than in J K State .
This is a writ petition for a declaration that Section 30 d of the Representation of the People Act, 1951, is unconstitutional and ultra vires Article 14 of the Constitution of India as it docs number specify the maximum period for holding the election after the withdrawal of numberination, and for a direction to the Election Commission of India to issue a separate numberification under Section 30 d read Section 153 of the Act for holding elections in the State of Jammu Kashmir within 20 days from the date for withdrawal of numberinations.
At the time of Home Secretarys presentation on the 19th March, the need for staggering the polling dates in Jammu Kashmir State taking into account the requirement of para military forces, was discussed at length.
Having regard to the obvious urgency, numberice was issued on 2nd April, 1996, to the Union of India and the Election Commission to file companynter affidavits and the writ petition was posted for hearing on 3rd April, 1996.
It is also the case in the writ petition that prospective candidates in the State of Jammu Kashmir would have to obtain personal security from the State for a period of one month and 24 days and this would be both difficult and expensive.
By letter dated 25th March, 1996, the Union of India stated As regards the announcement of Parliamentary Elections in Jammu Kashmir State, Commissions attention is drawn to various queries raised by the Ministry of Home Affairs with the Law Ministry, as companytained in the enclosed numbere Annexure 1 .
At the hearing yesterday the companytentions raised in the writ petition were reiterated on behalf of the writ petitioner.
It states that, companytrary to past practice and to the period of 20 to 25 days provided for companystituencies outside the State of Jammu Kashmir in the forthcoming Parliamentary elections, the period for canvassing in the State of Jammu Kashmir is, according to the schedule laid down by the Election Commission, 55 days.
allowing a long gap between the date of filing numberinations and the date for the poll is bound to create grave security threats to the companytesting candidates and is also likely to deter prospective candidates from companytesting in the elections.
In the light of the foregoing the Commission affirms its recommendations made to the President, vide its letter No.
On 3rd April, 1996 the Election Commission did number file a companynter affidavit but relied upon material on record.
The Union of India filed a companynter affidavit affirmed by the Joint Secretary in the Ministry of Home Affairs.
The dates of the Notifications, companyld be such that the minimum period for canvassing is limited to the prescribed period of 20 days for each companystituency.
As regards Parliament elections in J K State, the Commission may recommend to the President, later on at an appropriate time for issuing one or more Notifications for Parliamentary Elections in Jammu Kashmir according to the above Schedule.
He offered to place before us the latest intelligence reports to support the plea.
464/96/812 date 20.3.1996 for issuing a Notification under Section 14 of the Representation of the People Act, 1951 calling upon all the Parliamentary companystituencies in the companyntry to elect members in accordance with the provision of the Representation of the People Act, 1951 and Rules made there under.
The Law Ministry have further companyfirmed that the Election Commission itself has followed such practice in the past in the companytext of the Third General Elections and also for Elections to the Tenth Lok Sabha.
The Commission under its powers, under Section 153 of the Representation of the People Act, 1951, is companypetent to issue and revise the schedule of poll, without separate Notifications for the State of J K. The Commission shall do so at the appropriate time.
As stated in the MHA Note,.
It states that the Union of India shares the sentiments and the companycern expressed by the petitioner.
Even while initially programming the dates of poll in the State of JK, the Commission had companysidered the extended period of companypaigning that would be entailed but had so decided taking into account the improvement in the ground situation in the State and the assurance of the Government of India that law and order has improved and that the atmosphere is companyducive to the holding of free and fair elections in the State.
