J&K High Court Sets March 20 for Final Hearing on PIL Challenging LG’s Power to Nominate MLAs
Jammu, Feb 7: The Jammu and Kashmir and Ladakh High Court has scheduled the final hearing for March 20 on a Public Interest Litigation (PIL) challenging the authority of the Lieutenant Governor (LG) to nominate five members to the Legislative Assembly of the Union Territory.
A division bench comprising Justice Sanjeev Kumar and Justice Rajesh Sekhri directed both parties to complete all pleadings, including replies and counter-replies, before the final hearing. The court also confirmed that the bench would be available for the entire day on March 20.
During the proceedings, Solicitor General Tushar Mehta represented the respondents, while Senior Supreme Court lawyer Dr. Abhishek Manu Singhvi, along with advocate D. K. Khajuria, appeared for the petitioner, Ravinder Sharma.
The PIL challenges the provisions of the J&K Reorganisation Act, which empowers the LG to nominate five MLAs. The petitioner argues that the LG must seek the aid and advice of the council of ministers before making such nominations, otherwise, the provisions violate the basic structure of the Constitution.
The Supreme Court had earlier declined to entertain the plea on October 14, 2023, directing the petitioner to approach the high court instead. Following this, Chief Justice Tashi Rabstan constituted a special division bench to hear the case.
In a related development, retired government officer Ravinder Singh and Gurdev Singh, President of the Jammu Kashmir Sharnarthi Action Committee, have filed an application seeking to be impleaded as party respondents. Represented by advocate S. S. Ahmed, they argued that, as residents of Pakistan-Occupied Jammu and Kashmir (PoJK) who migrated to India in 1947, they have a significant stake in the matter.
Acknowledging the public importance of the PIL, the court stated that anyone with a legitimate interest in the issue could be heard. The case is expected to have far-reaching implications on the governance structure of Jammu and Kashmir.
