J&K&L High Court Allows Four Weeks To ECI, J&K Govt To File Reply Over Delay In Conducting Bypolls For Budgam, Nagrota Assembly Seats

The Jammu and Kashmir and Ladakh High Court directed the Election Commission of India, the Union Government, and the J&K Government to file their responses within four weeks over the alleged delay in holding by-elections for the Budgam and Nagrota assembly constituencies.

A bench of Justice Sanjay Dhar passed the directions while hearing a writ petition filed by former minister Harsh Dev Singh, who personally appeared before the Court.

Petitioner argued that the authorities have violated Section 151A of the Representation of the People Act, 1951, which mandates the Election Commission to hold by-elections within six months of a seat falling vacant. He also cited multiple judicial precedents reinforcing the constitutional obligation to ensure timely representation.

The Budgam seat was vacated by former Chief Minister Omar Abdullah, who had won from both Ganderbal and Budgam in the Assembly elections held between September 18 and October 1 last year, but chose to retain Ganderbal.

The Nagrota seat fell vacant following the death of senior BJP leader Devender Singh Rana on October 31, 2024.

Denying by-elections to these constituencies is a violation of constitutional rights and the democratic mandate, the petitioner submitted.

The Court, taking note of the submissions, granted four weeks' time to the respondents to file their replies and listed the matter for further hearing thereafter.

APPEARANCE:

Case-Title: Harsh Dev Singh Vs Union Territory of Jammu and Kashmir & Ors. , 2025

Harsh Dev Singh, petitioner in Person