New Delhi (TIP)-  The Supreme court on Friday refused to stay the ongoing delimitation process in the Union Territory of Jammu and Kashmir. Two Kashmir residents had challenged the government’s decision to constitute a delimitation commission for redrawing the assembly and Lok Sabha constituencies in the Union Territory.

The delimitation panel had recommended increasing the assembly seats from 83 to 90 in the union territory.

A bench of Justices Sanjay Kishan Kaul and MM Sundresh also issued notice to the Centre and Election Commission of India and sought their responses within six weeks and said that the rejoinder affidavit shall be filed in two weeks thereafter. The court has slated the hearing for August 30.

During the hearing, Justice S K Kaul asked the Senior Advocate Ravi Shankar Jandhyala who was appearing for the petitioner, as to why the petition had raised issues on abrogation of article 370, which has essentially challenged the delimitation exercise undertaken in J&K pursuant to the notifications of 2020, 2021 and 2022.

Justice Kaul stopped the counsel and said, “Be mindful of the language you use. Kashmir has always been a part of the country! Just a special provision was removed.” The bench then noted that the petitioners have not challenged the abrogation of Article 370 of the Constitution and therefore pleadings concerning Article 370 are to be ignored.

The Court also asked Jandhyala as to why he had not challenged the constitution of delimitation that was formed two years ago. The counsel responded to this by saying that delimitation is a process to be undertaken only by the Election Commission and not by any other body.