The petitioners, a college teacher Zahoor Ahmed Bhat and activist Khurshaid Ahmad Malik, have contended that the election results in the Union territory would be meaningless if full statehood is not restored within two months.
The application argues that the failure to restore statehood to Jammu & Kashmir is gravely affecting the rights of the citizens of the Union Territory. It states that the formation of the legislative assembly before the restoration of statehood would violate the idea of federalism, which forms part of the basic structure of the Constitution of India.
The miscellaneous application argues that since the recently concluded assembly elections were conducted peacefully, there would be no security concerns in case the apex court passed a direction to restore statehood to the Valley within a time-bound period.
The application further argues that the conversion of the state of Jammu & Kashmir into two Union Territories has resulted in Jammu & Kashmir being given a lesser form of elected democratic government, which will soon be formed once the assembly election results are declared.It reads that Jammu and Kashmir always had a federal relationship with the Union of India.
