New Delhi: The Supreme Court on Monday refused to entertain a petition against the Jammu and Kashmir Lieutenant Governor's proposal to nominate five members to the assembly. The top court asked the petitioner to approach the high court.
As per amended section 15 of the Jammu and Kashmir Reorganisation Act, 2019, J&K Lieutenant Governor has the authority to nominate five members -- two women, two Kashmiri pandits, and a resident of Pakistan-occupied Jammu and Kashmir (PoJK) -- to the assembly.
A bench of Justices Sanjiv Khanna and Sanjay Kumar stated, "We are not inclined to entertain the present petition under Article 32 of the Constitution of India and give liberty to the petitioner to approach the jurisdictional high court by way of a writ petition under Article 226 of the Constitution of India. We clarify that we have not expressed any opinion on merits."
During the hearing, senior advocate Dr Abhishek Manu Singhvi, representing petitioner Ravinder Kumar Sharma, argued, "When you have this system of nominating beyond 90, 48 is my alliance, which is three above the majority. If you nominate five, you become 47 and I become 48. This can negate the elected mandate. A central government nomination can undermine the electoral outcome. Suppose this five becomes ten tomorrow through an amendment?"
In response, Justice Khanna noted that the power in question has not yet been exercised and suggested that the high court should be approached first. He stated, "If they do something, if the High Court does not give you stay, you can move over here."
Before concluding, Singhvi requested that the order include a provision allowing the petitioner to return if there is a delay by the High Court in making a decision. He expressed concern that a lack of decision could impact the situation. Although nothing was recorded in the order, Justice Khanna mentioned that such a scenario should not occur.
J&K will have an elected government for the first time in 10 years after the abrogation of Article 370 in 2019. In the 90-member assembly, NC and Congress secured 48 seats, BJP won 29 seats, and PDP got three seats while AAP also won a seat in the recently concluded Assembly Elections in the Union Territory.
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