J&K Panthers Party leaders move Supreme Court seeking directions to ECI to hold assembly elections in Jammu & Kashmir

Jammu and Kashmir National Panthers Party leaders (JKNPP) leaders, Manju Singh and Harsh Dev Singh have moved the Supreme Court seeking directions to the Election Commission of India to conduct elections to the legislative assembly of Union Territory of Jammu and Kashmir without any further delay (Manju Singh V/s Union of India).The petitioners said that by delaying elections, the people of Jammu and Kashmir have been denied their right to have elected representatives which has been held to be part of the basic structure of the Constitution. "The population of UT Jammu and Kashmir including the petitioner have been deprived of their right to be represented by elected representatives in violation of the fundamental tenets of democracy which have been held as part of the basic structure of the constitution by the Apex Court in 'Keshavananda Bharti V/s Union of India & Ors. (1973) 4 SCC 225," the plea said. .The plea also alleged that the delay and denial on the part of Election Commission in holding election is willful and deliberate with the sole objective of ruling party in the Centre (BJP) to continue its proxy rule in the erstwhile State.."Election commission is aiding the ruling party in the Centre by giving it longest possible rope to restore its good-will in Jammu and Kashmir after its unilateral decisions involving dismantling the erstwhile state and demoting it to the status of union territory," the plea said..As per the plea, the State assembly was suspended in June 2018 and dissolved in November 2018 after the former Chief Minister Mehbooba Mufti tendered her resignation..In March 2019, the full commission headed by Chief Election Commission visited the State of Jammu and Kashmir to take stock of the prevailing situation for the purpose of holding elections to the legislative assembly and held several meetings with various stakeholders, particularly political parties, with the objective of obtaining their views, the plea said..All the political parties active in Jammu and Kashmir excluding the BJP favoured immediate restoration of democratic elected government in Jammu and Kashmir so that the people of the State could engage in legislative business, decision making and administration of the affairs of the State through their elected representatives, it added..Despite the recognized political parties unanimously favouring and demanding early elections to the State assembly, the Election Commission of India postponed the elections to the state assembly in line with the preferred stand of the ruling party in Centre, the plea underscored.."Failure of Election Commission to conduct elections to the State Assembly while proceeding with parliamentary elections in the State Assembly was replete with arbitrariness, dereliction of constitutional duties and enabled the party in power at the Centre to continue to govern the State via proxy rule," the petition stated. Hence, the plea said that steps should be taken to hold elections to the Legislative Assembly of Union Territory of Jammu and Kashmir without delay."Issue appropriate writ, direction or order directing the Respondent herein to take all necessary steps to conduct and conclude elections to the Legislative Assembly of JKUT immediately without further delay," it was prayed.