“Congress, NC conspiring to cheat Constitution”: Ravinder Raina after SC refuses to examine plea on J-K LG’s MLA nomination powers

Jammu, October 14: Bharatiya Janata Party leader Ravinder Raina on Monday lauded the Supreme Court after the court refused to entertain a plea against LG’s power to nominate 5 MLAs to the Jammu and Kashmir Assembly, and alleged that Congress Party and the National Conference are “conspiring to cheat the Constitution.”

“The provision of 5 nominated MLAs to be elected in Jammu Kashmir was made under the aegis of the Jammu and Kashmir Reorganisation Bill when it was presented in the Parliament. There was a debate and discussion on this in the Parliament and after voting this bill was passed and came in the form of law. Now since a new government is being formed in Jammu Kashmir, naturally these 5 nominated MLAs will be nominated and this will be in accordance with the constitutional process. The constitutional process will be followed and the Lieutenant Governor has been given authority by the Constitution, so the Congress Party and the National Conference are trying and conspiring to cheat the Constitution,” Raina said.

“Since the Congress party has always disregarded the Constitution, they are again trying to cheat the Constitution, for which the Supreme Court has given a strong rebuke to the party and its allies should keep quiet and sit at home and should refrain from doing this constitutional fraud,” he added.

Congress leader Ravinder Sharma said that they have received the liberty from the Supreme Court to approach the J-K High Court.

“In JK, Assembly election took place for 90 MLAs, they want to nominate 5 MLAs…they will nominate 5 MLAs and try to claim the majority…without asking J-K, do they have the power to do that? This petition of ours has been before the Supreme Court and we have received the liberty from the Supreme Court to approach the J-K High Court regarding the same,” Sharma said.

Earlier today, the Supreme Court declined to entertain a plea challenging the power given to the Lieutenant Governor (LG) of Jammu and Kashmir to nominate five Members of the Legislative Assembly (MLAs) to the Union Territory Assembly.

A bench of Justices Sanjiv Khanna and PV Sanjay Kumar refused to entertain the plea and asked the petitioner, Ravinder Kumar Sharma, to first approach the High Court of Jammu and Kashmir and Ladakh.

Senior advocate Abhishek Manu Singhvi, appearing for the petitioner, said that such nomination by an unelected LG can throttle the electoral verdict.

The Jammu and Kashmir Reorganisation Act, 2019, and the subsequent amendment bill in 2023 gave the LG additional powers, including that to nominate five members to the assembly — two women members, two migrants including a woman and one member from displaced persons from Pakistan occupied Kashmir.

These five nominated members will have the same powers and voting rights as other MLAs.

The Congress, National Conference (NC) and the PDP have opposed this potential move, calling it an assault on democracy.