ECI overrules Oppn objections, defers Lok Sabha by-election

Excelsior Correspondent

JAMMU, Dec 10: In a major setback to opposition parties including National Conference and Congress, which are the prime opposition in the Legislature, the Election Commission of India has overruled their objections to postponement of by-election to Anantnag Parliamentary seat and upheld the report of Chief Electoral Officer (CEO), J&K, Shantmanu proposing deferment of the by-poll to April and then clubbing it with Srinagar Lok Sabha by-election.
Official sources told the Excelsior that full bench of Election Commission of India comprising Dr Nasim Zaidi, Chief Election Commissioner, AK Joti and Om Prakash Rawat, Election Commissioner has accepted the report submitted by the CEO J&K endorsing deferment of Anantnag by-election, a seat vacated by Chief Minister Mehbooba Mufti, from December end to April in view of law and order situation in South Kashmir and harsh weather conditions.
When approached for comments, Shantmanu said his report has been accepted by the Election Commission of India in toto and legal formalities were in final stage to defer the election. The Union Law Ministry headed by Ravi Shankar Prasad will issue a formal notification deferring the by-election very soon.
Sources said only the legal formalities are now being completed for issuance of notification. The legal formalities were necessitated as the by-poll to Anantnag Lok Sabha seat had to be deferred beyond six months time, which was not within the jurisdiction of the Election Commission. The Commission had to refer the matter to the Law Ministry for issuance of the notification.
Sources said the Election Commission of India has now decided to hold Anantnag by-election in April and will club Srinagar Lok Sabha seat by-poll with it.
“Both the by-elections now will be held together in the month of April,” they said.
Anantnag Lok Sabha seat was vacated by Chief Minister Mehbooba Mufti in June end after she was elected to the Legislative Assembly from Anantnag seat, which had fallen vacant after the death of her father and former Chief Minister Mufti Mohammad Sayeed on January 7. Srinagar Lok Sabha seat had fallen vacant following resignation submitted by PDP MP Tariq Hamid Qarra in September and accepted by Lok Sabha Speaker Sumitra Mahajan last month. Karra had resigned in protest against alleged excesses on the people during unrest.
According to sources the Election Commission of India has gone by the report of the CEO J&K, which stated that situation was not conducive for holding by-election Anantnag in December keeping in view the law and order situation in view of unrest in the Valley since July and harsh weather conditions.
The major opposition parties in the State including National Conference, Congress and CPM had called for timely holding of Anantnag by-election in December and opposed the move to defer the election. They were of the view that Jammu and Kashmir shouldn’t be deprived for long for its representative in Lok Sabha. The opposition parties had given their view at an All Party Meeting called by the Chief Electoral Officer to ascertain views of political parties on the by-poll. Ruling PDP and BJP had supported the Government proposal for deferment of the poll.
The State Government through Chief Secretary BR Sharma had written to the Election Commission of India in September demanding that Anantnag Lok Sabha by-poll be deferred in view of ongoing unrest that had resulted into law and order problem. The Election Commission of India had sought independent report from the Chief Electoral Officer on the basis of Government request, which has now been accepted.
PDP had won all three Lok Sabha seats of Kashmir in April-May 2014 elections. Now, the PDP has only one Lok Sabha member-Muzaffar Hussain Baig from Baramulla seat while Anantnag and Srinagar Parliamentary seats have fallen vacant. BJP represents three remaining Lok Sabha seats in Jammu and Kashmir including Jammu, Udhampur and Ladakh.

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