Excelsior Correspondent
JAMMU, July 6: A Public Interest Litigation has been filed by Shah Mohammad Choudhary, former member of J&K State Advisory Board for Development of Gujjar and Bakerwals, seeking quashment of the Notification / SRO No. 122 of April 9, 2015 issued by the Government by virtue of which Zaffar Iqbal Manhas, Ashok Khajuria, Vikramaditya Singh, Ramesh Arora, Saif-ud-Din Bhat, Ajatshatru Singh, Mohammad Khurshid Alam and Surinder Mohan Ambardar were nominated as Members of the Legislative Council against the vacancies.
In the PIL, the petitioner has sought quashing of the Government order and declaring the nominations as “illegal, unconstitutional, unsustainable and null and void”.
In the PIL, it has also been submitted that treating the nominations as usurper to the Constitutional public position as they lack eligibility / qualifications prescribed under Sub Section 6 of Section 50 of the Constitution of Jammu and Kashmir for such nominations as Members of the Legislative Council. It has also sought direction to respondents to give due representation to socially and economically backward classes in the State, which was the mandate of the Constitution and intention of the Legislature.
A Division Bench of State High Court Comprising Justice Dhiraj Singh Thakur and Justice Janak Raj Kotwal after hearing petition in person issued notice to Chief Secretary, Commissioner/Secretary GAD, Principal Secretary to Governor, Secretary to Government, Department of Law, Justice and Parliamentary Affairs, J&K Government, Secretary Legislative Council, Zaffar Iqbal Manhas, Ashok Khajuria, Vikramaditya Singh, Ramesh Arora, Saif-ud-Din Bhat, Ajatshatru Singh, Mohammad Khurshid Alam and Surinder Mohan Ambardar returnable within six weeks. In the meanwhile, respondents have been asked to file response to the PIL.
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