Sanjeev Pargal
JAMMU, Nov 20: The Election Commission of India (ECI) is set to write to President Pranab Mukherjee for issuance of an Ordinance to defer Lok Sabha by-election to Anantnag seat as amendment in the Constitution was required urgently. Though the Parliament was in session, the two Houses need time to pass the legislation and, therefore, the Ordinance route is being taken immediately to defer the elections.
Sources told the Excelsior that the Election Commission had fully concurred with the report submitted by Chief Electoral Officer (CEO) Shantmanu proposing deferment of Anantnag Lok Sabha by-election, a seat vacated by Chief Minister Mehbooba Mufti, beyond January 4 and then clubbing by-election of Srinagar Lok Sabha seat with Anantnag and holding them together in April next year when the weather would open up and law and order situation will be altogether different than what it is today.
While Anantnag Lok Sabha seat had been declared vacant on July 4 after Speaker Sumitra Mahajan had accepted resignation of Mehbooba Mufti, Srinagar Lok Sabha seat was declared vacant on November 18 when Mahajan accepted resignation of another PDP leader Tariq Hamid Karra. Mehbooba had resigned after being elected to the Legislative Assembly from Anantnag seat while Karra had quit Srinagar Lok Sabha seat to protest Government’s harsh approach in dealing with Kashmir unrest.
Quoting present Constitu-tional provisions and Election Commission rules, sources said by-election to any Lok Sabha or Assembly seat had to be conducted within six months from the day it was declared vacant by the Speaker after accepting resignation of the representative of that constituency.
In case of Anantnag Lok Sabha seat, it had to be filled by January 4 and for that purpose, the Election Commission had to conduct by-election for the seat by middle of December as weather there becomes harsh due to snowfall in late December. The State Government had sought postponement of the election citing current unrest in the Valley and harsh weather conditions due to snowfall in December.
The Election Commission had asked Chief Electoral Officer (CEO), J&K Shantmanu for independent report, which he has submitted after consulting all political parties and taking into account law and order situation, harsh weather conditions and other aspects etc. He has proposed that along with Anantnag Lok Sabha seat, Srinagar Parliamentary seat by-election should also be clubbed and then both elections be held in April next year.
While Srinagar Lok Sabha seat can be filled till May 18, the Election Commission is now all set to write to President for issuance of an Ordinance to defer Anantnag by-poll beyond January 4. Though the Parliament was in session, it could take long time for the two Houses of Lok Sabha and Rajya Sabha to pass the amendment for deferring the election, which was required urgently as the Election Commission had to issue notification for the by-poll anytime now.
According to sources, as soon as the President issues an Ordinance, the Election Commission would defer the election to Anantnag Lok Sabha seat beyond January 4.
At the All Party Meeting convened by the Chief Electoral Officer, the PDP and BJP, the two coalition partners in the State Government, had favour deferment of Anantnag by-election to April and holding both Srinagar and Anantnag Parliamentary by-poll in April. However, major opposition parties including National Conference and Congress had favour conduct of Anantnag by-poll on scheduled i.e. in the middle of December.
The State Government through Chief Secretary BR Sharma had already written to the Election Commission last month seeking that by-poll to Anantnag Lok Sabha seat should be deferred due to ongoing unrest in the Kashmir valley including all four districts of South Kashmir, which forms part of Anantnag Lok Sabha seat.
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