Srinagar- A special division bench of the J&K and Ladakh High Court on Monday admitted a plea challenging the power vested in the J&K Lieutenant Governor to nominate five members to the Legislative Assembly of the Jammu and Kashmir.
Hearing a Public Interest Litigation by one Ravinder Kumar Sharma, a bench of Justice Sanjeev Kumar and Justice Rajesh Sekhri issued notice to centre and J&K government after hearing senior counsel Abhishek Singhvi and others for petitioner, and Tushar Mehta, Solicitor General of India through Video Conference. Other counsel appeared physically before the court.
“Having heard learned counsel for the parties and perused the material on record, we are of the opinion that the writ petition, inter-alia, raises the following debatable question of law: “Whether Sections 15, 15-A and 15-B of the Jammu & Kashmir Reorganization 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 the Constitution being in violation of basic structure of the Constitution?,” the court said and admitted the PIL. “List for final consideration on 5th December 2024.”
Sharma, a former member of legislative council and senior vice president of Pradesh Congress Committee, was also present in the court.
The petition challenged the provisions of J&K Reorganisation Act, empowering the LG to make nominations of five MLAs.
The petition contended that the LG is supposed to seek the aid and advice of council of ministers before making nominations, otherwise the provisions are ultra-vires to the basic spirit and structure of the Constitution, Sharma said.
In the recently concluded J&K elections, the National Conference-Congress alliance got a majority with 48 seats in the 90-member assembly
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