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1977 Supreme(J&K) 46

A.S.ANAND, I.K.KOTWAL
G. D. Sharma – Appellant
Versus
Election Commissioner Of India – Respondent


Advocates Appeared:
Advocate For Appellant: G.D. Sharma
Advocate For Respondent: Anil Dev Singh

1. By our short order dated 8th of June, 1977. we dismissed the writ petition in limine stating therein that the detailed reasons shall follow. We now propose to give those detailed reasons.

2. The petitioner who is practising as an Advocate in the High Court of Jammu and Kashmir at Jammu has filed this writ petition challenging the Delimitation of the 76 Assembly Constituencies in the State by Order No: 46 dated 17-10-1975 on various grounds. In the prayer clause of the petition, the petitioner has prayed as follows:

i) to declare Section 2 of the J&K Constitution 12th Amendment (State Act No: 29 of 1975) amending Section 47(2) of the Jammu and Kashmir Constitution as being beyond the Constituent powers of the Jammu and Kashmir Legislature.

ii) to restore to its original position Section 47(2) of the J&K Constitution as it stood before the Amendment that was carried out by the J&K Constitution 12th Amendment;

iii) to declare Section 2 of the J&K Representation of the People (Amendment) Act of 1975 (State Act No: 23 of 1975) amending Section 4(2) of the J&K Representation of People Act of 1957 (State Act No. 4 of 1957) as being beyond the legislative competence of the State Legislatu






















































































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