Section 27 in The Jammu and Kashmir Representation of the People Act, 1957
27. Notification for general election to the Legislative Assembly.
(1)A general election shall be held for the purpose of constituting the first Legislative Assembly under the Constitution or, as the case may be, a new Legislative Assembly on the expiration of the duration of the existing Assembly or on its dissolution.(2)For the said purpose the [Governor] [Substituted for 'Sadar-i-Riyasat' by Jammu and Kashmir Constitution (Sixth Amendment) Act 1965.] shall, by one or more notifications published in the Gazette on such date or dates as may be recommended by the [Election Commission] [Substituted by Act XXVI of 1960 for 'Election Commissioner'.] call upon all Assembly Constituencies in the State to elect members in accordance with the provisions of this Act and of the rules and orders made thereunder:[Provided that where a general election is held otherwise then on the dissolution of the existing Legislative Assembly, no such notification shall be issued at any time earlier than six months prior to the date on which the duration of that Assembly would expire under the provisions of sub-section (1) of section 52 of the Constitution.] [Proviso to sub-section (2) inserted by Act I of 1961.](3)[ For the avoidance of doubt it is hereby declared that nothing in this section or in any other provision of this Act shall be deemed to preclude the [Governor] [Sub-section (3) inserted by Act XII of 1957 w.e.f. 2-2-1957.] by notification from calling upon the Assembly constituencies for which electoral rolls have been prepared and finally published to elect members notwithstanding that electoral rolls for certain other Assembly Constituencies in the State are not prepared and finally published on the date of such notification and the validity of the elections held in pursuance of that notification shall not be called in question in any court or tribunal on the ground that the electoral rolls for certain constituencies were not prepared and finally published on the date of the said notification.]
