Sanjeev Pargal
JAMMU, Oct 18: The Election Commission of India (ECI) today decided to go for its own independent assessment of situation before taking a decision on South Kashmir’s Anantnag Lok Sabha seat and didn’t immediately concur with the State report on deferring the election beyond December 28.
At its extraordinary meeting at Nirvachan Sadhan in New Delhi, the Election Commission debated the issue for more than one hour and finally decided that it would get the situation assessed through Chief Electoral Officer (CEO), Jammu and Kashmir, Shantmanu and then take final decision whether the situation was conducive for holding the election or not.
Shantmanu, who had been called to today’s meeting of the Election Commission to discuss the letter written by the State Government seeking deferment of Anantnag Lok Sabha election, told the Excelsior that the Election Commission has asked him for “assessment of the situation” and report back to the Commission in a week’s time.
He said he would be proceeding to the Kashmir valley after attending international conference of Election Commissioners in New Delhi to assess the situation, prepare detailed report and submit it to the Commission for taking decision on Anantnag Lok Sabha election.
According to reliable sources, the Election Commission has studied the Government report submitted by Chief Secretary BR Sharma seeking postponement of Anantnag Lok Sabha seat election, which, as per the rules, had to be conducted in December and entire process completed by December 28.
The Commission is understood to have observed that the letter written by the Chief Secretary was the Government version and, therefore, it decided to have its own independent assessment of the situation through the Chief Electoral Officer.
“A decision on Anantnag election would be taken after the report is submitted by the Chief Electoral Officer,” sources said.
Noting that the by-election can be deferred beyond stipulated period of six months only under “extraordinary circumstances” as it would require an ordinance by the President of India in the absence of Parliament session presently, sources said the Ordinance had to be approved by the Parliament later.
As per the legal procedure, the Election Commission had to hold by-election to Lok Sabha or Assembly seat within six months from the date of the resignation of the sitting members was accepted by the Speaker. In case of Anantnag, the seat vacated by Chief Minister Mehbooba Mufti after her election to the Assembly on June 22, entire election process had to be completed before December 28.
However, with the State Government seeking deferment of the election due to ongoing unrest in the Kashmir valley, which has gripped entire South Kashmir, the Election Commission (if it agrees with the proposal after getting a report from the CEO), it would have to write to the Union Law Ministry for issuance of Ordinance by the President of India for deferring the election.
“The Ordinance is required to be issued as the Parliament is not in session at present. However, the Parliament had to ratify the Ordinance when it meets for winter session from November 16,” sources said.
They added that the Election Commission has also asked the CEO Jammu and Kashmir to study as to how many times the by-elections have been deferred beyond six months and the circumstances for doing so not only in J&K but the entire country. The Election Commission wants to be sure that situation was “indeed bad” in South Kashmir and not conducive for holding the election before taking a decision on deferring the poll.
It may be mentioned here that from 1990 to 1996, there was no Lok Sabha representatives in any part of Jammu and Kashmir due to disturbed conditions prevailing in the Valley with the onset of militancy. It was in 1996 that elections were held to Lok Sabha followed by the Assembly.
The State Government, in its report submitted to the Election Commission seeking deferment of Anantnag by-poll, has cited that situation in all four districts of South Kashmir including Anantnag, Pulwama, Kulgam and Shopian was bad due to ongoing unrest in the Kashmir valley for the past over three months and it was not possible to hold the election in such a situation.
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