Court in Jammu and Kashmir requests Election Commission of India to address petition advocating for by-elections in Nagrota and Budgam areas.
Jammu & Kashmir High Court Orders Notice to ECI over Delay in By-Elections
Harsh Dev Singh, the chief of the Panthers Party, has filed a writ petition before the Jammu & Kashmir High Court seeking an immediate directive to the Election Commission of India (ECI) to hold by-elections in the Nagrota and Budgam assembly constituencies, which were declared vacant on October 1, 2024.
In his petition, filed on July 29, 2025, Singh alleged an inexplicable delay by the ECI in conducting the by-polls despite the legal mandate under Section 151A of the Representation of Peoples Act that mandates elections within six months of vacancy. He contended that the ECI was acting as a silent spectator in Jammu & Kashmir while actively conducting elections elsewhere, thereby violating court rulings and the provisions of the Act. He argued that the elections should have been held by March 2025 according to existing laws.
As of August 19, 2025, the case is pending before the High Court of Jammu & Kashmir and Ladakh, with no recorded decision or response from the ECI or other parties involved. The High Court has issued notice to the ECI, the Central government, and the Union Territory administration, and the reply to the notice is expected by September 8.
The delay in announcing by-elections has been a source of concern for Singh, who argues that it amounts to denying the people of these constituencies their fundamental and statutory right to representation. The case will be heard next on September 8.
In the petition, Singh also pointed out arbitrary reasons such as massive snowfall being cited by the ECI for the delay in announcing by-elections. However, he argued that such reasons do not justify the delay in holding the elections as required by law.
The Jammu & Kashmir High Court has taken notice of the petition and has ordered the ECI to respond to the allegations made by Singh. The outcome of the case will determine whether the ECI will be held accountable for the delay in conducting the by-elections in the Nagrota and Budgam assembly constituencies.
References
- The Indian Express
- The Hindu
- The Print
- The Wire
- Scroll.in
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