Excelsior Correspondent
JAMMU, Oct 21: A Special Division Bench of Jammu & Kashmir and Ladakh High Court comprising Justice Sanjeev Kumar and Justice Rajesh Sekhri today admitted the Public Interest Litigation (PIL) challenging the Lieutenant Governor’s power to nominate five members to the Legislative Assembly of the Union Territory.
Follow the Daily Excelsior channel on WhatsApp
After hearing Senior Advocate Abhishek Singhvi, (through Video-Conferencing) with Advocates D K Khajuria, Muhammad Ali Khan, Omar Hoda, Uday Bhatia, Arjun Sharma, Esha Bakshi, Kamran Khan, Gurbani Bhatia and Ayush Panjotra for the petitioner Ravinder Sharma whereas Tushar Mehta, Solicitor General of India (through VC), Vishal Sharma, DSGI, (through VC), Mohsin Qadri, Senior AAG with Maha Majeed, Assisting Counsel and Senior AAG Rashid Malik with Mohd Younius Hafiz for respondents, Division Bench said, “the writ petition, inter-alia, raises the debatable question of law—-whether Sections 15, 15-A and 15-B of the Jammu & Kashmir Reorganization Act, 2019, making provision for nominating the members of Legislative Assembly over and above the sanctioned strength of the Legislative Assembly, and which have the potential of converting the minority Government into a majority Government and vice versa, is ultra vires the Constitution being in violation of basic structure of the Constitution”.
The DB admitted the petition for hearing and issued notice to the respondents. The DB directed to list the PIL on December 5, 2024 for final consideration.
“In view of the fact that the Government has been formed, there is no urgency for grant of interim relief prayed for. The prayer of the petitioners for interim relief at this stage is declined. The parties shall be at liberty to approach this court for interim relief, should there be a change in the circumstances”, the DB said.
Follow our WhatsApp channel
