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Delhi court dismisses PIL for deferring J&K poll

The Delhi high court on Wednesday dismissed a petition seeking holding of the election in Jammu and Kashmir only after proper revision of electoral rolls and undergoing the exercise of delimitation of the assembly seats, saying it was beyond the court's jurisdiction to intervene in the matter at this stage.

"We are of the opinion that this is a case where this court should not exercise its extraordinary jurisdiction at this stage and we are not inclined to issue any interim direction," a bench comprising Chief Justice S B Sinha and Justice A K Sikri said.

A petition for deferring the J&K poll was filed by Jammu and Kashmir National Panthers Party chairman Bhim Singh.

The court accepted the contention of Additional Solicitor General K K Sud, appearing for the Centre, and counsel for the Election Commission and the J&K government that Delhi high court has no jurisdiction to hear the matter.

Sud, EC counsel S K Mehandiratta and J&K government lawyer Anis Suhrawardy said that since the election to the state assembly are conducted under the provisions of the Constitution of Jammu and Kashmir, under the supervision of EC, the cause of action would lie with the state.

The bench said the Supreme Court has laid clear guidelines on the issue of jurisdiction in West Bengal's case in 1985, raising almost an identical question.

The Court also accepted their arguments that the election process has already been set in motion with a notification by the Election Commission. In such a situation the court could not interfere in the matter at this stage, it added.

Bhim Singh contended that a large number of people would be deprived of their right to vote, as electoral rolls had not been properly revised in the militancy-hit state since 1988.

On the issue of delimitation, the EC counsel said the figures of 2001 census had not yet been published and Parliament has passed a bill, which says that the delimitation would be done on the basis of the 1991 census.

Singh, arguing the matter personally, contended that the Delhi high court has the jurisdiction to intervene in the matter because EC's headquarters is in the national capital.

Jammu and Kashmir Elections 2002: The complete coverage

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