Ready for elections in J-K anytime now, Centre tells Supreme Court

Satya Prakash

New Delhi, August 31

The Centre on Thursday told the Supreme Court that it’s ready for elections in Jammu and Kashmir anytime and now it’s for the Election Commission to take a call.

“The Central Government is ready for elections anytime now. Till date updating of the voters’ list was going on…which is substantially over. Some part is remaining that the Election Commission is doing,” Solicitor General Tushar Mehta told a five-judge Constitution Bench led by CJI DY Chandrachud.

“There are three elections which are due. For the first time, the three-tier panchayati raj system has been introduced. First, elections would be for panchayats. District development council elections have already taken place. The Leh elections are over. To the Kargil hill development council the elections would be by the end of this month. Then there would be municipality elections and then the legislative assembly elections,” Mehta said, adding, “J&K is a union territory with a legislature.”

“It’s for the Election Commission of India and Election Commission of the state to take the call – which election will take place first and how. Updating the voters’ list is complete. Some part is missing, it’s in the process. It’ll be over soon,” the Solicitor General told the Bench, which also included Justice SK Kaul, Justice Sanjiv Khanna, Justice BR Gavai and Justice Surya Kant.

On restoration of statehood of Jammu and Kashmir, Mehta said it’s progressing to become a state. He, however, refused to give a definite timeframe, saying “We’re dealing with an extremely extraordinary situation.”

Terming the restoration of democracy in Jammu and Kashmir as important, the Supreme Court had on Tuesday asked the Centre to spell out the roadmap and timeframe for restoring its statehood and holding elections there.

“When are you going to have elections? Restoration of democracy is important…We need a statement from the Central Government on this. Is there a timeframe? Is there a roadmap? Please tell us the roadmap for this,” the Bench had asked Mehta — who represented the Centre.

“I have taken instructions and the instructions are that the UT is not a permanent feature (of Jammu and Kashmir)…But I will make a positive statement the day after tomorrow (Thursday),” Mehta had told the Bench. He, however, had clarified that Ladakh would remain a UT.

On the 13th day of hearing on petitions challenging nullification of Article 370 and bifurcation of Jammu and Kashmir into Union territories – Jammu and Kashmir and Ladakh, the Solicitor General gave details of the improvements made since August 5-6, 2019 when the special status of the erstwhile state was scrapped.

As Mehta gave details of reduction in terror-related violence and increase in investment and tourist flow in J&K, senior counsel Kapil Sibal, representing some of the petitioners, objected to it, saying he would be required to respond to it if the court was to take it into account.

“These facts would possibly have no bearing on the constitutional issues being argued,” the CJI noted.