HC to hear plea against LG's power to nominate 5 MLAs in J&K Assembly

A special division bench of the Jammu and Kashmir and Ladakh High Court will hear next week a plea challenging the power vested in the J&K lieutenant governor to nominate five members to the Legislative Assembly of the Union territory.

Chief Justice Tashi Rabstan agreed to constitute a special division bench on Monday to hear the public interest litigation (PIL) with regard to nomination of the five MLAs, petitioner Ravinder Sharma said.

On October 14, the Supreme Court refused to entertain the plea and asked the petitioner to approach the high court.

As Sharma's counsel D K Khajuria moved the high court and sought early listing of the petition, Chief Justice Rabstan agreed to constitute a special bench for Monday to hear the matter.

 

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.