JUDGMENT :

K. Ramaswamy, J.

1. This is a writ petition for a declaration that Section 30 (d) of the Representation of the People Act, 1951, is unconstitutional and ultra vires Article 14 of the Constitution of India "as it does not specify the maximum period for holding the election after the withdrawal of nomination.....", and for a direction to the Election Commission of India to issue a separate notification under Section 30(d) read with Section 153 of the Act for holding elections in the State of Jammu & Kashmir within 20 days from the date for withdrawal of nominations. The writ petition is filed by one Bhmi Singh, who is the President of a political party recognised by the Election Commission, namely, the Jammu & Kashmir Panthers Party. The writ petition contends that the provisions on section 30(d) confer unbridled, unguided and uncontrolled power upon the Election Commission to hold polls upon any subsequent to the date of withdrawal of nominations and fixes no terminal date in this behalf. It is also the case in the writ petition that prospective candidates in the State of Jammu & Kashmir would have to obtain personal security from the State for a period of one month and 24 days and this would be both difficult and expensive.

2. Having regard to the obvious urgency, notice was issued on 2nd April, 1996, to the Union of India and the Election Commission to file counter affidavits and the writ petition was posted for hearing on 3rd April, 1996.

3. On 3rd April, 1996 the Election Commission did not file a counter affidavit but relied upon material on record.

4. The Union of India filed a counter affidavit affirmed by the joint Secretary in the Ministry of Home Affairs. It states that "the Union of India shares the sentiments and the concern expressed by the petitioner". It states that, contrary to past practice and to the period of 20 to 25 days provided for constituencies outside the State of Jammu & Kashmir in the forthcoming Parliamentary elections, the period for canvassing in the State of Jammu & Kashmir is, according to the schedule laid down by the Election Commission, 25 days. The affidavit states that "owing to the prevailing peculiar situation in the state of Jammu & Kashmir, it is no desirable that the time for canvassing in the State should be more than the necessary minimum statutory period, inter-alia, for the following reasons:-

(a) the candidates would require to obtain personal security from the State for comparatively a longer period of 25 days for the polling on 30.5.96 and 48 days for the polling on 23.5.96. This is in contrast with the rest of the country where the period ranges from 21 days to 31 days.

(b) It costs a great deal to the State in terms of resources and effort to provide security for such a long period to the candidates, their family members, their election agents, their political workers etc. In this context it would be relevant to state there that there is a threat from various militant outfits from outside the country to including attempts at liquidate the candidates.

(c)..............................."

5. The aforementioned affidavit annexes copies of correspondence between the Union of India and the Election Commission. By letter dated 25th March, 1996, the Union of India stated :

"4. As regards the announcement of Parliamentary Elections in Jammu & Kashmir States, Commission's attention is drawn to various queries raised by the Ministry of Home Affairs with the Law Ministry, as contained in the enclosed note (Annexure,-I). The Law Ministry have now advised us that it is permissible to issue different Notifications with different dates for polls under Section further confirmed that the Election Commission itself has followed such practice in the past in the context of the third General Elections and also for Elections to the Tenth Lok Sabha. As stated in the MHA Note, allowing a long gan between the date of filing nominations and the date for the poll is bound to create grave security thre