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SC raps J&K parties for not getting polls postponed

Last Updated 31 October 2014, 19:16 IST

The Supreme Court on Friday rapped political parties of Jammu and Kashmir for not convincing the Election Commission (EC) to postpone Assembly elections in the flood-ravaged state, as the poll code of conduct which has come into force made it difficult for the court to issue orders regarding relief measures.

“Do you think we can say don’t impose code of conduct. All the political parties should have approached the Election Commission and opposed the issuance of poll notification. Instead, they hailed it. They could have said postpone the elections,” a three-judge bench presided over by Chief Justice H L Dattu said.

The bench expressed its inability to issue fresh directives to the Centre to declare the deluge, that struck the state last month, a national calamity, until the poll panel relaxed the code of conduct.

“Prior to the notification of polls, orders were issued by us. Now our hands are tied. During elections, what do you expect us to do,” the bench, also comprising Justices Madan B Lokur and A K Sikri, told senior advocates Bhim Singh and Colin Gonsalves, who urged the court to declare the floods a national calamity.

The EC had on October 25 announced five-phased polls in the state between November 25 and December 20. The court had earlier issued directions to the Centre and the state to take adequate measures, including steps to check outbreak of epidemic and supply of essential commodities.

Gonsalves submitted that the affected people were not bothered about the code of conduct. The code of conduct comes into operation with the announcement of poll schedule and bars the government from announcing new schemes.

The court, however, allowed the counsel, representing different petitioners, to make the EC a party. The bench issued notice to the poll panel asking it to respond if the code of conduct could be relaxed and posted the matter for further consideration on November 7.

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(Published 31 October 2014, 19:16 IST)

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