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SC dismisses plea for advancement of J&K polls

The Supreme Court has dismissed a plea seeking that it direct the Election Commission to either advance the date of polling in three parliamentary constituncies of Jammu and Kashmir to March 2 or earlier, or to start counting of votes across the country from March 8, as decided in the original schedule for the Lok Sabha election.

The counting of votes is to begin on March 2 across the country. This could have an effect on the chances of the National Conference, its lawyers said.

The petition filed by Union Forest and Environment Minister Saifuddin Soz, a NC candidate from one of the three constituencies going to polls on March 8, was dismissed by a three-judge bench comprising Chief Justice M M Punchhi, Justice B N Kirpal and Justice M Srinivasan.

''Something that could have been avoided was not avoided. But since the process for the Lok Sabha election has already begun, this court cannot interfere at this stage,'' the judges observed while dismissing the petition.

Earlier, appearing for the petitioner, senior counsel Fali Nariman submitted that the EC's decision to hold elections in the three parliamentary constituencies -- Anantnag, Baramullah and Udhampur -- on March 7 while starting the counting of votes across the country should be judged by the EC's own standards.

The counsel said the Commission had earlier declared counting of votes would start only after polling was over in the entire country.

Nariman alleged that the original election schedule announced on January 1 fixed March 7 as the date of the election in the three parliamentary constituencies while counting across the country would start the next day.

Subsequently, under pressure from certain political parties, the date of counting was fixed as March 2. This, he said, would adversely affect the NC's prospects in the valley.

Opposing the petition, senior counsel Kapil Sibal, appearing for the EC, said there was a special provision under the Representation of People's Act under which elections in Jammu and Kashmir could be delinked from the rest of country if the situation so required.

The Commission had not taken the decision alone, but after due consultation with Union home ministry, Sibal said.

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