JUDGMENT

GANGULY, J.

1. Leave granted.

2. Jammu and Kashmir National Panthers Party, a recognized political party in the State of Jammu and Kashmir has filed this appeal before this Court seeking to impugn the judgment of Jammu and Kashmir High Court, dated 2nd of June 2009. The High Court dismissed both the writ petitions which raised identical questions. They were heard together and disposed of by the impugned judgment.

3. The main thrust of the challenge before the High Court, as well as before this Court is on the following question:

whether or not the action of the government in postponing the delimitation of territorial constituencies of the State pertaining to the Legislative Assembly until the relevant figures published after the first census taken after 2026 is legally sustainable?

4. In fact the appellant is aggrieved by an amendment to the Jammu and Kashmir Representation of the People Act 1957, especially the amendment in Section 3 thereof. This amendment has been brought about in 2002. Section 3 of the Jammu and Kashmir Representation of the People Act 1957 (hereinafter the said Act), as amended from time to time, is set out below:-

"3. Constitution of Delimitation Commiss