Supreme Court refuses to stay ongoing delimitation exercise in Assam

STAFF REPORTER

GUWAHATI: The Supreme Court on Monday refused to stay the ongoing delimitation of Lok Sabha and assembly seats in Assam by the Election Commission of India (ECI). The apex court also sought the response of the Centre and the ECI on a batch of pleas on the issue.

Ten opposition leaders from Assam have approached the Supreme Court challenging a draft proposal recently published by the ECI for the delimitation of Assam's 126 assembly constituencies and 14 Lok Sabha constituencies. The petitioners include members of 10 opposition parties, including the Indian National Congress, Raijor Dal, Assam Jatiya Parishad, Communist Party of India (Marxist), Communist Party of India, Trinamool Congress, Nationalist Congress Party, Rashtriya Janata Dal, and Anchalik Gana Morcha. The petitioners had challenged the methodology adopted by the Election Commission to carry out the ongoing delimitation exercise in Assam and its draft proposal to demarcate the boundaries of the constituencies.

A bench of Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra agreed to examine the constitutional validity of Section 8A of the Representation of the People Act, 1950 empowering the Election Commission to undertake the delimitation of constituencies. The apex court sought the replies of the Centre and the ECI on the petitions in three weeks and stated that the petitioners can file their rejoinders in two weeks after that.

Reacting to the verdict, leader of opposition in the Assam State Assembly, Debabrata Saikia said, "Though the court was of the view that since the exercise is under process it would not be appropriate to interfere at this stage, the constitutional challenge on the basis of articles 81 and 170 as well as the constitutional validity of Section 8A would need consideration."

Meanwhile, a three-member team of the Election Commission of India (ECI), led by Chief Election Commissioner (CEC) Rajiv Kumar, recently concluded public hearings on the draft delimitation proposals for Assam. Representatives of various organizations, political parties, NGOs etc. met the ECI team and put forth their views and objections. The public hearing was a part of the consultative exercise by the Commission during the process of delimitation.

The objections mainly pertained to change of names of constituencies, lack of population-wise representations, bringing faraway places that are geographically not contiguous together under one constituency, and the reduction in the number of LACs in some districts.

Though the ECI has not changed the number of parliamentary and assembly constituencies in the State, there were protests after the draft delimitation proposal was published against the realignment of constituencies and changes in their names. The delimitation proposal seeks to retain the number of Lok Sabha seats at 14 and the number of Assembly seats at 126.

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