Haji Abdul Gani Khan vs Union of India

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 118

SANJAY KISHAN KAUL, ABHAY S. OKA
Haji Abdul Gani Khan – Appellant
Versus
Union of India – Respondent

Advocates appeared:
For the Petitioner(s): Sriram P., AOR
For the Respondent(s): Ms. Taruna Ardhendumauli Prasad, AOR Mr. Arvind Kumar Sharma, AOR Mr. K.M. Nataraj, ASG Mr. Sharath N. Nambiar, Adv. Mr. Vatsal Joshi, Adv. Mr. Haji Abdul G. Khan, Adv. Mr. Vinayak S. Sharma, Adv. Ms. Indira Bhaskar, Adv. Mr. Chitransh Sharma, Adv. Mr. A. Udupa, Adv. Mr. Nakul C., Adv. Mr. Gurmeet Singh Makker, AOR Mr. Amit Sharma, AOR Mr. Dipesh Sinha, AOR Ms. Aparna Singh, Adv. Ms. Sakshi Upadhayaya, Adv. Mr. Shailesh Madiyal, AOR Mr. Vaibhav Sabharwal, Adv. Mr. Parth Awasthi, Adv. Mr. Vinayaka Pandit, Adv. Mr. Rajan Parmar, Adv. Mr. Akshay Kumar, Adv. Ms. Rakhi, Adv.

JUDGMENT :

ABHAY S. OKA, J.

1. The main challenge in this writ petition under Article 32 of the constitution of India is to the legality and validity of the action of constituting a Delimitation Commission for the Union Territory of Jammu and Kashmir under provisions of the Delimitation Act, 2002 and the exercise of delimitation undertaken by the Commission.

RELEVANT FACTS

2. The Constitution (Application to Jammu and Kashmir) Order, 2019 bearing C.O. No. 272 was issued by the Hon’ble President of India on 5th August 2019. The said order was issued in the exercise of powers conferred by clause (1) of Article 370 of the Constitution of India. The said order directed that all the provisions of the Constitution, as amended from time to time, shall apply in relation to the State of Jammu and Kashmir, subject to modifications made to Article 367 as set out in the said order. By the said order, Clause (4) was added to Article 367 providing that the expression “Constituent Assembly of the State referred to in clause (2)” in the proviso to clause (3) of Article 370 of the Constitution, shall be read as “Legislative Assembly of the State.” On 6th August 2019, a declaration under Clause (3) of

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2023 Supreme(SC) 118

SANJAY KISHAN KAUL, ABHAY S. OKAHaji Abdul Gani Khan – AppellantVersusUnion of India – Respondent

Cases Referred (3)

SANJAY KISHAN KAUL, ABHAY S. OKA
Haji Abdul Gani Khan – Appellant
Versus
Union of India – Respondent