PP NEWS LINE DESK
JAMMU, Sep 26 : The High Court today adjourned the MLA nomination case to Oct 16th for hearing, on the request of the Petitioner side ,due to non availability of the senior counsel for Petitioner .
The significant case challenging the powers of nomination of five MLAs to J&K Assembly by the Lt Governor and the constitutionality of these provisions of nominations, in the J&K Reorganisation Act came up ,today , before the Division Bench of the High Court comprising Justice Sanjeev Kumar and Justice Rajesh Sekhri, with a written request for short adjournment ,in view of the non availability of Senior Supreme court lawyer for the Petitioner Dr Abhishek ManuSinghvi.
While allowing the request of the Petitioner side represented by Advocate D K Khajuria alongwith Petitioner in person, the Court fixed Oct 16th ,the next date for hearing. Vishal Sharma DSGI, Counsel for GOI and Adv S S Ahmed for intervener S.Ravinder Singh also appeared for respondents side.
The PIL challenging the provisions of section 15,15-A and 15- B , as inserted in the J&K Reorganisation Act, vide amendment dated 15th December 2023, authorizing the Lt Governor to nominate five MLAs ,beyond the sanctioned strength of the Assembly of J&K UT Assembly was filed by Former MLC and Chief Spokesperson of JKPCC Ravinder Sharma ,in October last year in the J&K High Court.
The special Division Bench of High Court admitted the matter after detailed hearing of both sides and framed an important question of law, which read ” Whether sections 15,15-A 15- B of the Jammu and Kashmir Reorganisation 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 respondents GOI filed the reply on last date , defending the provisions & powers vested in the Lt Governor of UT to nominate 5 members to the J&K Assembly. The matter shall now come up for hearing on Oct 16.
