HC admits PIL challenging Lieutenant Governor's power to nominate MLAs in J&K

22/10/2024

JAMMU, Oct 21: A Special Division Bench of Jammu & Kashmir and Ladakh High Court Comprising Justice Sanjeev Kumar and Justice Rajesh Sekhri admit the Public Interest Litigation (PIL) challenging the Lieutenant Governor's power to nominate five members to the Legislative Assembly of the Union Territory of Jammu & Kashmir.
Division Bench after hearing Sr. Advocate Abhishek Singhvi, (through V.C.) with, Advocates DK Khajuria, Muhammad Ali Khan, Mr. Omar Hoda, Uday Bhatia, Arjun Sharma, Esha Bakshi, Kamran Khan, Gurbani Bhatia and Ayush Panjotra for the petitioner Ravinder Sharma whereas Tushar Mehta, Solicitor General of India (through V.C.), Vishal Sharma, DSGI, (through V.C.), Mohsin Qadri, Sr. AAG with Ms. Maha Majeed, Assisting Counsel and Sr. AAG Rashid Malik with Mohd Younius Hafiz for the respodents, after perusal of the material on record, Division Bench is 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?
DB after hearing both the sides admitted the petition for hearing and issued notice to the respodents. Notice waived by appearing counsel for the respondents.
DB directed to list on December 5, 2024 for final consideration.
DB further observed that in view of the fact that the Government has been formed, there is no urgency for grant of interim 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.
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.

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