New Delhi- The Supreme Court on Monday refused to entertain a plea challenging the power vested in the Jammu and Kashmir Lieutenant Governor (LG) to nominate five members to the Legislative Assembly of the union territory.
A bench of Justices Sanjiv Khanna and Sanjay Kumar asked the petitioner Ravinder Kumar Sharma to approach the high court.
“In cases where we have entertained a petition at the first instance, we find that many things are left out,” the bench said as it gave liberty to the petitioner to approach the high court.
In the recently concluded election, Jammu and Kashmir National Conference-Congress alliance got a majority with 48 seats in the 90-member assembly.
The bench said it is not inclined to entertain the petition under Article 32 of the Constitution and clarified that it has not expressed any opinion on the merits of the issue.
Senior advocate Abhishek Singhvi, appearing for the petitioner, said that such nomination could throttle the electoral verdict and it was an issue, which dealt with the basic structure of the Constitution.
“We are three above the majority. The total of all the others is 42. If you nominate five, they become 47 and I become 48. You have to only get one more person…You can easily nullify the elected mandate. The electoral verdict of numbers can be negated…,” submitted Singhvi.
Justice Khanna said that the said power of the LG had not been exercised as of now and the petitioner should approach the high court first.
CPI (M) leader Mohammad Yusuf Tarigami, whose party was in alliance with the National Conference and Congress also won the election from Kulgam constituency.
Several other independents and lone Aam Aadmi Party MLA has also extended support to the National Conference-Congress alliance.
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