HAJI ABDUL GANI KHAN & ANR. versus UNION OF INDIA & ORS.

HAJI ABDUL GANI KHAN & ANR. versus UNION OF INDIA & ORS.

The Delimitation Commission constituted under the Delimitation Act, 2002 by notification dated 6 March 2020 (as amended) was lawfully established pursuant to the Jammu and Kashmir Reorganisation Act, 2019 which made Article 239A applicable to J&K and made the Delimitation Act applicable to the Union Territory; s.62(b) validly substituted the year 2001 with 2011 for delimitation of J&K, authorizing delimitation on 2011 census figures; the time target in s.10(6) of the Delimitation Act is not mandatory and does not preclude constitution of the Commission; exclusion of the four North-Eastern States was justified on factual/legal grounds; Article 170 does not apply to Union Territories, and...

Parties
Petitioner: Haji Abdul Gani Khan & Anr.; Respondent: Union of India & Ors.
Jurisdiction
India
Judgment Date
13 February 2023
Procedural Posture
Writ Petition (civil) No. 237 of 2022 Under Article 32 / Judgment (petition Dismissed)
Outcome
writ petition dismissed
Legal Topics
Applicability of Article 170 to Union Territories, Delimitation of Constituencies, Jammu and Kashmir Reorganisation Act, 2019 – Ss.60 63 and S.13, Delimitation Act, 2002 – S.9, S.10(6), S.10 a, Use of 2011 Census for Readjustment, Validity of Delimitation Commission Notifications
Constitutional Law Electoral Law Statutory Interpretation Administrative Law Applicability of Article 170 to Union Territories Delimitation of Constituencies Jammu and Kashmir Reorganisation Act, 2019 – Ss.60 63 and S.13 Delimitation Act, 2002 – S.9, S.10(6), S.10 a +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 6 Authorities cited 12 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Haji Abdul Gani Khan & Anr.

Petitioner

Union of India & Ors.

Respondent

Procedural Posture

Writ Petition (civil) No. 237 of 2022 Under Article 32 / Judgment (petition Dismissed)

Legal Issues

  1. 1 Whether Article 170 of the Constitution applies to the Legislative Assembly of the Union Territory of Jammu & Kashmir
  2. 2 Whether the Delimitation Commission constituted by notification dated 6 March 2020 (as amended) and its exercise of delimitation/readjustment is lawful
  3. 3 Whether clause (b) of s.62 of the J&K Reorganisation Act validly substitutes the year 2001 with 2011 for delimitation purposes and permits readjustment on 2011 census figures

Ratio Decidendi

The Delimitation Commission constituted under the Delimitation Act, 2002 by notification dated 6 March 2020 (as amended) was lawfully established pursuant to the Jammu and Kashmir Reorganisation Act, 2019 which made Article 239A applicable to J&K and made the Delimitation Act applicable to the Union Territory; s.62(b) validly substituted the year 2001 with 2011 for delimitation of J&K, authorizing delimitation on 2011 census figures; the time target in s.10(6) of the Delimitation Act is not mandatory and does not preclude constitution of the Commission; exclusion of the four North-Eastern States was justified on factual/legal grounds; Article 170 does not apply to Union Territories, and...

Court Disposition

writ petition dismissed

Orders

  • Writ petition dismissed
  • No order as to costs