The Supreme Court on Thursday reserved its judgement on the petition filed by Srinagar-resident Haji Abdul Gani Khan, questioning the legality of the delimitation exercise conducted in terms of the notifications issued in 2020 and 2021.
A bench of Justices S K Kaul and Abhay S Oka heard arguments from Solicitor General Tushar Mehta, counsel for the central government, and the petitioners’ lawyer.
“Arguments heard. Judgment reserved,” the bench said.
Solicitor General Tushar Mehta, appearing on behalf of the central government, stated that the First Delimitation Commission notification would be issued in 2020.The issue could have been filed before the court, and all issues could have been argued. The petition was filed, however, only in 2022, after notification of delimitation had been issued.
SG also submitted a Madhya Pradesh delimitation judgment. Parliament, by enacting Section 10, wanted to ensure that delimitation, once notified, would have the force of law and could not be challenged in court, the SG said.
The Election Commission’s advocate said that the draught Delimitation Notification was published for public objections in March 2022, and thereafter, time was given for public comment or suggestions. A public sitting was also held on the issue.
After May 2022, the notification has the force of law. All procedures were followed before the publication of the delimitation notification. Earlier, the Central Government had said that it wanted to file some more documents in this matter.