HC issues notice to ECI for failing to conduct by-election in Anantnag

By
Daily Excelsior
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Excelsior Correspondent
SRINAGAR, Aug 1: The High Court today issued notice to Election Commission of India in response to a petition seeking direction for holding by-election for Anantnag Parliamentary constituency.
The Court of Justice Mohammad Yaqoob Mir has issued notice to Election Commission of India and Union Home Ministry and the Counsels representing them have accepted the notice on their behalf in open court.
Court issued notice to Chief Electoral Officer and Chief Secretary of the State for filing reply to the writ petition within two weeks. The petition has been filed by one Ghulam Mohammad Wani of Pulwama seeking direction to the authorities on holding the by-election for the Anantnag Parliamentary seat as early as possible.
Wani, who was the candidate for the Parliamentary elections from All J&K Kissan Mazdoor Party, challenged the inaction of the ECI for failing to conduct Parliamentary by-elections for the Anantnag constituencies.
“The inaction of the respondents have denied the sizable population of their basic right of participation in democracy and the petitioner of his right to contest for house of People. Respondents have failed to follow the procedure laid down by the law on the point and relevant Section of the Representation of Peoples Act 1951”, petitioner Wani submitted.
It is further submitted in the petition that the By-election should have been conducted 6 months from the date of vacancy. “House of people still has two more years as per its term and there has been no consultation with the Central Government regarding respondent (ECIs) difficulty in holding by-elections within such constituencies”, read the petition.
Union Government, petitioner said, for ulterior motives have sabotaged the process of elections as the requisition from the State Government for the purpose of requiring additional forces was not fulfilled and accepted by the Central Government.
“That the said action of the respondents looks directly into the basic tenets of constitution as it has the tendency of denying the huge number of population the right to participate in the democracy of the country.

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