Publications of Commissions Notification

EXTRAORDINARY PART II —Section 3 —Sub-section ( iii) PUBLISHED BY AUTHORITY No. 64] NEW DELHI, SATUR DAY , MARCH 2 3, 2024 /CHAITRA 3, 1946 CG-DL-E-23032024-253362 ELECTION COMMISSION OF INDIA NOTIFIC ATION New Delhi, the 22nd March , 202 4 O.N. 70(E).—WHEREAS, a number of electors of 1 -Baramulla, 2 -Srinagar and 3 -Anantnag -Rajouri Parliamentary Constituency in the Kashmir valley of Union Territory of Jammu and Kashmir had migrated because of compelling circumstances and have been temporarily residing in various places outside their place of ordinary residence; and WHEREAS, the Election Commissi on of India, having regard to the right of franchise of such migrant electors, directed that these migrants shall continue to be treated as “ordinarily residents” of their respective places for inclusion/retention of their names in the electoral roll of th e concerned constituency despite their migration and as such their names were allowed to be incorporated in the electoral rolls summarily revised under the order of the Election Commission with reference to 01-01-2024 as the qualifying date; Whereas, at t he time of the elections to the State Legislative Assembly, 1996, a special scheme was devised under the then prevalent Jammu and Kashmir Representation of the People Act, 1957 and the Jammu and Kashmir Conduct of Elections Rules, 1965, which enabled these migrant voters to vote by postal ballot for their respective constituencies of their native places; Whereas, the same facility to the above class of voters was extended at the time of the General Election to the House of People held in 1998 and 1999 by am ending the Conduct of Election Rules, 1961 (Rules 27A to 27K); Whereas, after taking into account several complaints about the delay transmission of the postal ballot in both ways by notified class of voters from different parts of the country, the Electio n Commission had decided during the General Election to the Legislative Assembly of J&K held in September -October, 2002 to provide these migrant voters their voting right , they should be enabled to vote in person at “special polling stations” set up outsi de the territorial limits of the constituency at Jammu, Udhampur and Delhi under Section 36A(1) of the then Jammu and Kashmir Representation of the People Act, 1957 . Those of migrant voters who were not in a position to avail of this facility to vote in pe rson at these special polling stations were given the option of exercising their right to vote by availing of the facility to vote by postal ballot as was done in the previous elections. Whereas, the said scheme having worked very well, the facility was e xtended during general election to Legislative Assembly held in 2008, 2014 and General Election to the Lok Sabha held in 2004, 2009, 2014 and 2019; Whereas, the Government of India vide notification dated 9th August, 2019 has abrogated Article 370 of the constitution and promulgated The Jammu and Kashmir Reorganisation Act, 2019 and inter -alia repealed the Jammu and Kashmir Representation of the People Act, 1 957 and Union Territory of Jammu and Kashmir would go for elections the very first time since its inception; NOW, THEREFORE, the Election Commission, in exercise of powers vested by Article 324 of the Constitution read with Section 25 of the Representation of the People Act, 1951, for the purpose of casting votes at the poll in the General Election to the House of the People of Union Territory of Jammu and Kashmir, to be held in 2024, in pursuance of the notifications to be issued by the President under Se ction 14 of the Representation of the People Act, 1951, directs continuation of the said scheme and accordingly hereby specifies the aforesaid migrant electors enrolled in any of the Parliamentary Constituencies of 1 -Baramulla, 2 -Srinagar and 3 -Anantnag -Rajouri, who are residing outside their place of ordinary residence, but other than those who have been notified under clause (c) of Section 60 the Representation of the People Act, 1951 to vote by postal ballot, as the class of persons for whom special pol ling stations shall be provided outside the territorial limits of the Parliamentary Constituencies mentioned above. [No. 3/J&K -HP/2024 (S) ] By O rder, B. C. PATRA , Secy. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi -110064 and Published by th e Controller of Publications, Delhi -110054.