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Election Commission (EC) data has pointed out that Anantnag constituency seat in Jammu and Kashmir has remained vacant for two years — courtesy the longest delayed bypoll in India.
In 1996, a rule to fill any seat vacancy within six months had come into effect. Prior to this, there were quite a few instances of long delays in conducting bypolls, especially in violence-stricken areas.
However, the only exception to this rule after it came into force, was in Manipur in 1998-99. The Legislative Assembly constituency of Singhat in Manipur was vacant for over a year because of inability to conduct by-elections due to poor law and order situation. The seat had fallen vacant in November 1998 and elections could only be held post-1999.
The Anantnag Lok Sabha seat was vacated by Mehbooba Mufti in June 2016 after she was appointed J&K Chief Minister in April 2016. The seat has been vacant since then. The EC had attempted conducting bypolls in Anantnag on three occasions — in April, May and November 2017 — but failed as the region was violence-stricken.
Keeping in mind the violent clashes that had broken out during Srinagar bypolls which had left eight dead, and a record-low voter turnout of 7 percent, the EC had declared that situation in Anantnag was not conducive to conduct bypolls.
Under Section 151(A) of the Representation of People’s Act, if the EC, after consulting with the Centre, certifies that the situation is not conducive, bypolls can be postponed.
Anantnag, in southern Kashmir, happens to be a hotbed of militancy and gauging from the situation, it is quite likely that bypolls to the Lok Sabha constituency seat won’t happen until the 2019 general elections.
In that case, Anantnag will have been the only such constituency where bypolls have been delayed for three years — the longest after the rule was implemented in 1996.
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