Ten opposition leaders from Assam belonging to nine different political parties have approached the Supreme Court challenging the draft proposal of the Election Commission of India (ECI) for the delimitation of Assam’s 126 assembly constituencies and 14 Lok Sabha constituencies.

The petitioner leaders belonging to Indian National Congress, Trinamool Congress, Nationalist Congress Party, Rashtriya Janata Dal , CPI, CPM, Assam Jatiya Parishad, Raijor Dal, and Anchalik Gana Morcha have also challenged Section 8A of the Representation of People Act, 1950, which has been taken recourse to by the Election Commission in exercising its power in conducting the delimitation process.

The petitioner leaders who have approached the top court include Lurinjyoti Gogoi (Assam Jatiya Parishad), Debabrata Saikia (INC), Rokibul Hussain (INC), Akhil Gogoi (Raijor Dal), Manoranjan Talukdar (CPI(M)), Ghanakanta Chutia (Trinamool Congress), Munin Mahanta (CPI), Diganta Konwar (Anchalik Gana Morcha), Mahendra Bhuyan (Nationalist Congress Party), and Swarna Hazarika (Rashtriya Janata Dal).

The petitioner leaders have stated that the entire exercise by the poll panel for readjusting the extent of 126 assembly and 14 Lok Sabha constituencies in Assam is arbitrary and opaque apart from being discriminatory to the State of Assam.

The poll panel’s draft order on readjusting the extent of 126 assembly and 14 Lok Sabha constituencies in Assam was issued on June 20.

The petitioners have challenged the methodology adopted by the Election Commission by taking different Average Assembly Size for different districts and states that population density or population has no role to play in the process of delimitation.

“While the Constitution of India envisages an exercise whereby Constituencies are to be readjusted so as to ensure that all constituencies are comprised of an almost equal population, by relying on 2001 census figures, the Election Commission has created three categories of districts and has taken different yardstick for the three categories resulting in possible deviation of up to 33 per cent between the population of largest and smallest constituency,” the petition states.

The petition says that delimitation for the rest of the country has been conducted by a high-powered body headed by a retired Supreme Court Judge and the same Commission was formed for Jammu & Kashmir as well.

“However, the provision of Section 8A discriminates against Assam and three North-Eastern States, for which the Election Commission has been prescribed as the authority to conduct delimitation,” states the petition.

The petition by 10 opposition leaders has referred to a statement by Assam chief Minister stating publicly that the present exercise will be beneficial to one party i.e., BJP while being damaging to other opposition parties.

The top court has already seized two PILs relating to the delimitation of four North-Eastern States including Assam.

In December of last year, the Election Commission began the delimitation of assembly and parliamentary constituencies in Assam by using 2001 Census as per Section 8A of the Representation of the People Act, 1950.