SC rejects plea against J&K lieutenant governor nominating 5 J&K MLAs

New Delhi: The Supreme Court on Monday declined to entertain a plea challenging the Jammu and Kashmir Lieutenant Governor nominating five members to the Legislative Assembly, Live Law reported.

Making it clear that its opinion was not based on the merits of the matter, the bench of Justices Sanjiv Khanna and Sanjay Kumar directed the petitioner to approach the High Court.

The two-judge bench headed by Justice Sanjiv Khanna was quoted as stating: ‘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 writ petition under Article 226 of the Constitution of India.’

The lieutenant governor has been given power to nominate five members under the amended Section 15 of the 2019 Jammu and Kashmir Reorganisation Act.

Nominated members should include two women, two Kashmiri Pandits, and one resident of Pakistan-Occupied Jammu and Kashmir (POJK) to the 95-member Jammu and Kashmir Assembly, where 90 members are elected, according to The Indian Express

A party or alliance seeking to form the government requires 48 seats for a majority in the House with 95 members.

Abhishek Singhvi, representing the petitioner Ravinder Kumar Sharma, argued that the lieutenant governor nominating legislators could undermine the electoral mandate, adding that nominated persons could come in the way of elected majority.

Nominating five members could lead to the Opposition effectively having 47 seats which is one short of 48 seats gained by the alliance of National Conference and Congress, Sighavi pointed out.

Responding to the plea, Justice Sanjiv Khanna pointed out that the lieutenant governor’s power to nominate members has not yet been used, and directed the petitioner to approach the Jammu & Kashmir and Ladakh High Court, according to the report.