Published On: Wed, Dec 22nd, 2021

Delimitation Commission proposals can’t be challenged in court: Sajad Lone

Srinagar: Sajad Gani Lone, chairman of People’s Conference (PC) said on Wednesday that the leaders of the People’s Alliance for Gupkar Declaration (PAGD) were lying when they told the media that they will challenge the delimitation commission proposals in the court.

The orders of the Commission have force of law and shall not be called in question in any court

Commenting on Tuesday’s media conference of PAGD leaders in which they said if the Delimitation Commission does not change its draft proposals, the PAGD would challenge it in the court, Sajad said on his twitter page, “Will somebody please enlighten them (PAGD). This report cannot be challenged in court. It is legally unchallengeable. Heavens sake. Stop lying through your teeth.”

Article 329 (A) in The Constitution Of India says that the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under Article 327 or Article 328, shall not be called in question in any court. Article 329 (A) of Constitution of India bars challenge to delimitation of constituencies or allotment of seats in any court of law.”

“Going by sub-section 2 of section 10 of Delimitation Act, the orders of the Commission have force of law and shall not be called in question in any court.

“Don’t the people of Kashmir deserve — that 3 MPs should have known that they will be legitimising the delimitation commission, a document which cannot be legally challenged. Legal legitimacy is constitutionally innate. Political legitimacy bestowed by NC”, Sajad said in a series of twitter comments.

He alleged that by its U-turn to participate in the delimitation commission meeting, the National Conference has legitimized what he called, “the grossly unfair delimitation commission proposal”.

 

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