Excelsior Correspondent
Srinagar, Dec 5: The High Court today granted further time to the Jammu and Kashmir Government to file objections to the plea challenging the power vested with the Lieutenant Governor to nominate five members to the J&K Legislative Assembly.
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Hearing a Public Interest Litigation filed by former Congress MLA, Ravinder Kumar Sharma, a bench of Justice Sanjeev Kumar and Justice Rajesh Sekhri granted four weeks’ time to J&K Government after hearing Senior Supreme Court lawyer Abhishek Manu Singhvi and others for petitioner, and Tushar Mehta, Solicitor General of India.
The court has already opined 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 matter has been posted in February next year for further consideration.
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 Assembly elections, the National Conference-Congress alliance got a majority with 48 seats in the 90-member Assembly.
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