Jammu and Kashmir High Court grants two weeks to MHA to reply on Islamabad by-poll


The Jammu and Kashmir High Court has granted two weeks time to Union Home Ministry to file reply to a petition, seeking by-election to Islamabad parliamentary seat which was vacated by Mehbooba Mufti to become Chief Minister of the state after her father’s death.

A single bench of Justice Tashi Rabstan granted two weeks after Assistant Solicitor General of India Tahir Majid Shamshi (ASGI) prayed that some more time be granted for filling the reply.

An election scene in Gulmarg.

The court was hearing a petition filed by Ghulam Mohammad Wani of Pulwama, one of the candidates in fray for the bypoll before it was rescinded by the ECI due to law and order situation in the south Kashmir.

Seven candidates were in the fray when the ECI in May this year rescinded the by-poll to fulfil the seat which fell vacant after Mehbooba Mufti resigned from the Parliament to become the Chief Minister of the state last year.

The main contest was expected between ruling PDP candidate Mufti Tassaduq Hussain and state Congress chief G A Mir.

The ECI has to issue a new notification inviting nominations as and when the election takes place.

Wani, a candidate of All J&K Kissan Mazdoor Party, has challenged the inaction on part of the authorities to conduct the parliamentary by-elections. He said that more than a year has passed since the vacancy was created but the election are not been conducted.

“The inaction of the respondents have denied the sizable population of their basic right of participation in democracy and denied the petitioner of his right to contest for house of people. Respondents have failed to follow the procedure laid by the law on the point, relevant section of the representation of peoples Act 1951,” he submits.

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