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Sources told News18 that the situation is likely to persist until security agencies give approval to the Election Commission for the polls following the Pahalgam terror attack
Officially, the ECI has not cited reasons for the delays. File pic/PTI
Uncertainty continues over the assembly bypolls in Jammu and Kashmir, along with the pending local body and Rajya Sabha elections. The situation is likely to persist until security agencies give a go-ahead to the Election Commission of India (ECI) for holding polls, News18 has learnt.
Local body elections—including municipal agencies, panchayats, and Block Development Councils (BDCs)—were expected around May, but plans changed following the April 22 terror attack in Pahalgam, which claimed the lives of 26 people, mainly tourists from various parts of the country. The assembly bypolls and Rajya Sabha elections are also pending, but there is no timeline for when these will take place.
The incident on April 22 significantly impacted the region’s security situation and India’s relationship with Pakistan. Security across the union territory of J&K has been heightened.
Officially, the ECI has not cited reasons for the delays. However, sources told News18 that the situation is likely to persist until security agencies give approval to the Election Commission to conduct the polls.
“So far, elections were delayed because of Ramadan and Eid (in March). Before that, winter impacted the schedule. As soon as we get a go-ahead sign, we will hold these elections. The ECI is prepared to conduct them,” a source said, requesting anonymity.
Pending elections
The term of the Block Development Councils (BDCs) in Jammu and Kashmir ended on January 9, 2024.
Before that, between October and December 2023, the terms of the Srinagar Municipal Corporation (SMC), the Jammu Municipal Corporation (JMC), and various municipal councils and committees also expired.
The last time the panchayat and municipal polls were held was in 2018, while BDC elections took place in 2019.
In September–October 2024, the J&K assembly held its first elections since 2019, when the state was converted into two union territories, the other one being Ladakh. The Nagrota and Budgam assembly constituencies in Jammu and Kashmir have remained vacant since October 2024. Chief minister Omar Abdullah resigned from Budgam, as he was elected from two seats and had to vacate one. Days later, BJP MLA Devender Singh Rana died on October 31, leaving the Nagrota seat vacant.
It was expected that the ECI would announce the bypolls along with those in other states across India, but that did not happen.
The elections for the four Rajya Sabha seats from Jammu and Kashmir have also been pending since February 2021 due to the absence of a sitting assembly. There were expectations that the elections would be held after the assembly formation, but parties are still awaiting it. It should be noted that Rajya Sabha elections do not involve participation of the general public.
Political impact
Two major regional parties—the ruling National Conference (NC) and the opposition Peoples Democratic Party (PDP)—have raised questions about the delay in holding elections.
On Monday, after the ECI issued the schedule, ruling party MLA Tanvir Sadiq raised “critical questions about why Jammu and Kashmir continues to be denied representation in the Rajya Sabha and why assembly by-polls to two seats are not being held”, while speaking to the media.
The PDP too “expresses deep concern” over the “continued delay” by the ECI in announcing by-elections for the vacant assembly seats in Jammu and Kashmir.
In a statement, Dr Mehboob Beg, PDP’s chief spokesperson, said, “The people of Jammu and Kashmir have been patiently awaiting the restoration of their democratic rights. While the Election Commission has promptly announced by-elections in states like Uttar Pradesh, Kerala, and Punjab, the silence on Jammu and Kashmir raises troubling questions. This delay undermines the democratic aspirations of our people and risks further alienating them from the electoral process.”
Legal mandate
Section 151A of the Representation of the People Act, 1951, mandates the Election Commission to fill casual vacancies in the Houses of Parliament and State Legislatures through byelections within six months from the date of the vacancy, provided that the remainder of the term of the member is one year or more.
Elections may instead be scheduled for September or October, as was the case last year, or delayed further due to the severe winters that affect parts of the union territory after November. The elections for the Rajya Sabha are only expected after the bypolls for the assembly are completed.
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