Bhim Singh urges Election Commission to hold Rajya Sabha Elections in J&K through a single notification

In his letter, Prof.Bhim Singh, Chief Patron of National Panthers Party urged the Election Commission of India to hold Rajya Sabha Elections in J&K through a single notification in the interest of democracy and rule of law. The letter stated that,

“I am taking liberty urging your honour to kindly ensure that Rajya Sabha elections from Jammu and Kashmir are held through a single notification as a matter of equity and rule of law.

          All the four Rajya Sabha Members were elected on the same day, for the same period from J&K. Three notifications were issued last time where were opposed by the Panthers Party at different stages and from different platforms. The Panthers Party moved Election Petition challenging the validity of four Rajya Sabha Members from J&K in J&K J&K High Court. Unfortunately, three tribunals were changed for different reasons and the matter could not be decided. I myself argued the case twice as the First Judge (Tribunal) was transferred from J&K to Allahabad in the middle of the hearing. The second tribunal after having heard the matter could not deliver the judgment as he was retiring. Third Tribunal was again transferred and fourth one could not hear the matter at all in spite mentioning before the Chief Justice.

          This is sad how judiciary is, as the people say, is functioning in J&K. That is the sad end of the tragic tale of democracy in J&K.

          This is very important point which has not been settled till date that opposition/smaller groups in the states could only be accommodated if rule of law is ensured by the Election Commission of India.

          We have four seats in J&K in Rajya Sabha and we are holding election on the same day, same Electoral College, for the same period. What is the justification of issuing three notifications? This is only helping the ruling parties to keep the smaller parties out of contest. If there is one notification minimum number of MLAs would be about 18 but if there are three notifications then one Rajya Sabha Member would require + 44 MLAs. Naturally, two Members shall be elected by the ruling group or new alliance, BJP + PDP or anybody. The third notification to Rajya Sabha Members is only a mockery of the entire system. It shall encourage only horse-trading and daylight corruption horse-trading as it has been happening earlier.

          May I request your honour to kindly reconsider this matter, or you may refer it to the Legal Advisory Committee for their independent opinion in this regard. The present proposed elections for 7th February, 2015 may be postponed or may be held through one notification.

          Sir, wisdom lies in daring.”