Ex-MLA Harsh Dev Singh moves Jammu Kashmir High Court seeking by-elections in Nagrota, Budgam

Former Minister and ex-MLA Harsh Dev Singh on Tuesday filed a petition before the High Court of Jammu & Kashmir and Ladakh seeking directions to the Election Commission of India (ECI) to hold by-elections to Nagrota and Budgam assembly constituencies [Harsh Dev Singh vs Union of India].

The two constituencies have remained vacant since October 2024.

Singh prayed for issuance of a writ of mandamus to the ECI citing Section 151A of the Representation of People’s Act, 1951, which mandates filling vacant Assembly seats within six months of the vacancy arising.

He termed the delay as “unlawful and arbitrary” and accused the ECI of violating it Constitutional obligations and defying Supreme Court rulings which stress the need for immediate electoral action once a seat falls vacant.

Singh alleged that the Election Commission’s refusal to hold the by-elections, despite issuing notifications for by-polls in other states like Delhi, Uttar Pradesh, Tamil Nadu, Gujarat, Punjab, West Bengal and Kerala, reflected a prejudicial and step-motherly treatment towards Jammu & Kashmir.

He said that the ECI’s justification of massive snowfall as a reason for the delay was absurd since Nagrota has never experienced snowfall in its history.

“The ECI has acted as a mute spectator for the past 10 months, providing lame excuses while the people of Nagrota and Budgam remain voiceless. This is in brazen violation of the Supreme Court’s observations that the Election Commission must act with urgency once a vacancy arises,” Singh stated in his petition.

It was further submitted that in Jammu & Kashmir, elections are often withheld unless the judiciary intervenes to safeguard democratic rights. He expressed hope that the High Court would take cognizance of the denial of timely elections and ensure that the democratic process is not derailed due to administrative arbitrariness.