IIOJK High Court admits petition challenging Lt. Governor’s powers to nominate MLAs
Srinagar: The High Court of occupied Jammu and Kashmir and has admitted a petition challenging the Lieutenant Governor’s authority to nominate five members to the territory’s Assembly.
According to Kashmir Media Service, final arguments for the case are scheduled for December 5.
A special division bench, comprising Justices Sanjeev Kumar and Rajesh Sekhri, heard the case for one and a half hours on Monday. The petitioners, led by Ravinder Sharma, a former member of the legislative council and senior vice president of the Pradesh Congress Committee, were represented by counsel DK Khajuria. Solicitor General of India, Tushar Mehta, appeared on behalf of the Union government.
The petition challenges provisions of the Jammu and Kashmir Reorganisation Act, which empowers the Lieutenant Governor to make such nominations. Sharma contends that the LG should consult the council of ministers before proceeding, arguing that the current provisions are “ultra vires” to the basic structure and spirit of the Constitution if this process is bypassed.
The case has gained significant attention, especially following the recent Jammu and Kashmir elections, where the National Conference-Congress alliance secured 48 out of 90 assembly seats. The Supreme Court previously declined to hear the matter on October 14, directing the petitioner to approach the high court instead. In response, Chief Justice Tashi Rabstan constituted the special bench to address the issue. KMS-2K
