Srinagar Oct 21: The High Court of Jammu & Kashmir and Ladakh on Monday admitted a petition challenging the constitutionality of the nomination of five members to the Jammu & Kashmir Legislative Assembly by the Lieutenant Governor. The petition, filed by Ravinder Kumar Sharma, Congress spokesperson, raises concerns that the provisions under Sections 15, 15-A, and 15-B of the Jammu & Kashmir Reorganisation Act, 2019, allowing for these nominations, could alter the balance of power in the Assembly.
The petitioner contended that these provisions could convert a minority government into a majority, thereby violating the basic structure of the Constitution. The bench led by Justices Sanjeev Kumar and Rajesh Sekhri admitted the case, stating it raises a “debatable question of law” about whether such nominations are ultra vires (beyond legal authority).
The court issued notices to the respondents, including the Union Territory of J&K, and called for further deliberations.
While admitting the petition, the court declined to grant interim relief, stating that there is no immediate urgency since the government has already been formed. However, the court left the door open for the petitioner to seek interim relief if the situation changes before the next hearing.
The detailed hearing will be on December 5, 2024, where the court will take up the arguments regarding the constitutionality of these nominations, which have sparked a legal debate about the structure of governance in the Union Territory.
Congress President Tariq Hameed Karra welcomed the High Court’s decision to admit the petition.
Speaking to Rising Kashmir, he said that they will consider seeking interim relief if the situation changes before December 05, which is the next scheduled hearing date.
