- (1.) This is a writ petition for a declaration that Section 30 (d) of the Representation of the People Act, 1951, is unconstitutional and ultra vires Article 14 of the Constitution of India "as it does not specify the maximum period for holding the election after the withdrawal of nomination. . ", and for a direction to the Election Commission of India to issue a separate notification under Section 30 (d) read with Section 153 of the Act for holding elections in the State of Jammu and Kashmir within 20 days from the date for withdrawal of nominations. The writ petition is filed by one Bhim Singh, who is the President of a political party recognised by the Election Commission, namely, the Jammu and Kashmir Panthers Party. The writ petition contends that the provisions of Section 30 (d) confer unbridled, unguided and uncontrolled power upon the Election Commission to hold polls upon any day subsequent to the date of withdrawal of nominations and fixes no terminal date in this behalf. It is also the case in the writ petition that prospective candidates in the State of Jammu and Kashmir would have to obtain personal security from the State for a period of one month and 24 days and this would be both difficult and expensive
(2.) Having regard to the obvious urgency, notice was issued on 2/4/1996, to the Union of India and the Election Commission to file counter-affidavits and the writ petition was posted for hearing on 3/4/1996
(3.) On 3/4/1996 the Election Commission did not file a counter-affidavit but relied upon material on record;