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 Anantng Thursday Phase III2 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 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 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 does 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 with Section 153 of the Act for holding elections in the State of Jammu Kashmir within 20 days from the date for withdrawal of numberinations.
Phase III Srinagar Polling on Day and II 7 days Udhampur Parliame ntary Constitu encies 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 regards Parliament elections in JK State, the Commission may recommend to the President, later on at an appropriate time for issuing one or more Notifications for Parliamentary Elections in Jammuu Kashmir according to the above Schedule.
In the light of the foregoing the Commission affirms its recommendations made to the President, vide its letter No.464/96/812 dates 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 thereunder.
At the time of Home Secretarys presentation on the 19th March, the need for staggering State polling dates in Jammu Kashmir State taking into account the requirement of para military forces, was discussed at length.
This matter account the availability of security forces, the time required to mobilize the forces and other companysiderations, it is found absolutely essential to spread the polling in Jammu Kashmir State at least on three dates as follows Phase I Jammu Polling on 7th Parlia May Day 1 As mentary fixed by EC .
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.
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.
Phase II Baramulla Polling on Day Anantnag I 14 days Parlia mentary Consitut encies.
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, 25 days.
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 is companyducive to the holding of free and fair elections in the State.
The Union of India filed a companynter affidavit affirmed by the joint Secretary in the Ministry of Home Affairs.
On 3rd April, 1996 the Election Commission did number file a companynter affidavit but relied upon material on record.
The dates of the Notifications companyld be such that the minimum period for canvassing is limited to the prescribed period of PO days for each companystituency.
Consti tuencies.
He offered to place before us the latest intelligence reports to support the plea.
It states that the Union of India shares the sentiments and the companycern expressed by the petitioner.
The Commission shall do so et the appropriate time.
