The Election Commission on Tuesday raised strong objections to Jammu and Kashmir Lieutenant-Governor GC Murmu's statements indicating that Assembly polls in the Union Territory (UT) could be held after the delimitation exercise is completed.
In a statement, the EC said that such statements “virtually tantamount to interfering” with its “Constitutional mandate. It also said other authorities should refrain from making such statements. It is rare for the EC to issue a public statement against another constitutional functionary.
Tuesday’s statement came after Murmu again spoke on the election timing in an interview. This time, he said the elections to the J&K Assembly would be held after the delimitation exercise. Murmu had reportedly claimed that elections in the Union Territory can be held after the ongoing delimitation exercise.
While taking note of various statements of Murmu on election timing in the Union Territory, the EC said it “takes exception to such statements and would like to state that in the constitutional scheme of things, the timings etc. of elections is the sole remit of the Election Commission of India”.
Before deciding the timing of any election, the EC said, it “takes into consideration all the relevant factors including topography, weather, and sensitivities, arising out of regional and local festivities in the area(s), where the election is to take place”.
The EC further said, “It would be proper for authorities other than the Election Commission to refrain from making such statements which virtually tantamount to interfering with the Constitutional mandate of Election Commission.”
“For example, in the current times, COVID-19 has introduced a new dynamic, which has to be and shall be taken into consideration at the due time. In the instant case, the outcome of delimitation is also germane to the decision. Similarly, availability of central forces and railway coaches, etc. for the transportation of CPFs are important factors. All this is done after meticulous homework by the senior officials of the Commission and a detailed assessment in due consultation with concerned authorities”, it stated.
The EC noted that it visited the States concerned as required and consulted all stakeholders. “It would be proper for authorities other than the Election Commission of India to refrain from making such statements, which virtually tantamount to interfering with the constitutional mandate of the Commission”, the statement said.
The union territory of J&K came into being on October 31, 2019 after the State was reorganised and bifurcated into two Union Territories, Ladakh being the other. There is a provision of a state legislature in the union territory of J&K.
A Delimitation Commission set up by the government earlier this year has started the exercise of redrawing the assembly and parliamentary seats in J&K and some northeastern states. Delimitation is the process of fixing limits or boundaries of assembly and parliamentary constituencies in the country.