High Court admits plea challenging LG’s power to nominate MLAs in J&K

Srinagar, Oct 21: The Jammu & Kashmir and Ladakh High Court has admitted a Public Interest Litigation (PIL) challenging the Lieutenant Governor’s power to nominate five members to the Legislative Assembly of the Union Territory, with final arguments scheduled for December 5.

A special division bench of the Srinagar wing, comprising Justice Sanjeev Kumar and Justice Rajesh Sekhri heard the matter for 1.5 hours on Monday. The petitioners, Ravinder Sharma, a former member of the legislative council and senior vice president of the Pradesh Congress Committee, was represented by counsel DK Khajuria.

Solicitor General of India, Tushar Mehta, appeared on behalf of the Union government, along with other counsel.

The petition has been formally admitted, and the next significant legal arguments will take place in early December. The case has critical implications, particularly in light of the recently concluded Jammu and Kashmir elections, where the National Conference-Congress alliance won 48 seats in the 90-member Assembly, news agency KDC quoted Sharma as having said.

The plea challenges the provisions of the Jammu and Kashmir Reorganisation Act, which grants the LG the authority to nominate five members to the assembly. Sharma contended that the LG must seek the aid and advice of the council of ministers before making such nominations. He argued that he current provisions are “ultra vires” to the basic structure and spirit of the Constitution if this procedure is not followed.

The petition gained further attention after the Supreme Court, on October 14, refused to entertain the matter and directed the petitioner to approach the high court. Following this, Chief Justice Tashi Rabstan constituted a special division bench to hear the case.