DB directive to CS, GAD Secy in PIL challenging nomination of 8 MLCs

Excelsior Correspondent
JAMMU, Oct 8: In a Public Interest Litigation (PIL) filed by Shah Mohammad Choudhary, a practicing Advocate and former member of J&K State Advisory Board for the development of Gujjar and Bakerwal, seeking quashment of the Notification / SRO No. 122 of 9th April, 2015 by virtue of which eight MLCs were nominated by the Government, Division Bench today directed Chief Secretary, Commissioner/Secretary GAD and Principal Secretary to Governor to file reply before November 27.
Through this PIL nomination of Zaffar Iqbal Manhas, Ashok Khajuria, Vikramaditya Singh, Ramesh Arora, Saif-ud-Din Bhat, Ajatshatru Singh, Mohd Khurshid Alam and Surinder Mohan Ambardar as Members of the Jammu and Kashmir Legislative Council has been challenged on the ground that they lack eligibility / qualifications prescribed under Sub Section 6 of Section 50 of the Constitution of Jammu and Kashmir for such nominations.
The petitioner has also prayed for directions to the Government for giving due representation to socially and economically backward classes in the State, which was the mandate of Constitution and intention of Legislature.
After hearing petitioner in person, Division Bench of State High Court comprising Justice Hasnain Massodi and Justice BS Walia observed, “registered notices have gone to Secretary to Government, Department of Law, Justice and Parliamentary Affairs, Secretary Legislative Council, Zaffar Iqbal Manhas, Saif-ud-Din Bhat, Mohd Khurshid Alam and Surinder Mohan Ambardar”, adding “the statutory period is over and accordingly they are set ex-parte”.
Division Bench further directed Chief Secretary, Commissioner/ Secretary GAD and Principal Secretary to Governor to file reply before November 27.

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