High Court admits plea challenging LG’s power to appoint 5 MLAs

Srinagar, Oct 21: The High Court of J&K and Ladakh High Court Monday admitted a Public Interest Litigation (PIL) challenging the Lieutenant Governor’s power to nominate five members to the J&K Legislative Assembly even as it issued notice to Centre and J&K for response.

A special division bench comprising Justice Sanjeev Kumar and Justice Rajesh Sekhri after hearing the parties admitted the plea and posted it for final consideration on December 5.

Former Member of Legislative Council (MLC) and Jammu and Kashmir Pradesh Congress Committee (JKPCC) senior vice president, Ravinder Kumar Sharma has filed the petition challenging the provisions of the J&K Reorganisation Act, empowering the LG to make nominations of five MLAs.

After hearing the counsel for the parties and perusing the material on record, the bench observed that the petition, among others, raises the debatable question of law, “whether Sections 15, 15-A, and 15-B of the Jammu and Kashmir  Reorganisation Act, 2019, making provision for nominating the members of Legislative Assembly over and above the sanctioned strength of the Legislative Assembly, and which have the potential of converting the minority government into a majority government and vice versa, is ultra vires violating basic structure of the constitution?”

Senior advocate Abhishek Singhvi appeared on behalf of the petitioner, Sharma through video conferencing while Tushar Mehta, Solicitor General of India represented the Centre in the matter.  Appearing counsel for the Centre and J&K government accepted the notices.

National Conference (NC) has moved an application as interveners through advocate Shariq J Reyaz.

However, the Court declined interim relief sought by the petitioner since the government had been formed, saying there was no urgency for the grant of relief prayed for.

“The prayer of the petitioners for interim relief at this stage is declined. The parties shall be at liberty to approach this court for interim relief, should there be a change in the circumstances,” the court said.

On October 14, the Supreme Court refused to entertain the plea and asked the petitioner to approach the High Court.

The petition challenges the provisions of the J&K Reorganisation Act, empowering the LG to make nominations of five MLAs.

The petitioner contends that the LG is supposed to seek the aid and advice of the Council of Ministers before making nominations; otherwise, the provisions are ultra-vires to the basic spirit and structure of the constitution.

In the recently concluded J&K elections, the National Conference-Congress alliance got a majority with 48 seats in the 90-member assembly.