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SC refuses to entertain plea against J&K LG’s power to nominate 5 MLAs to State Assembly

The Supreme Court on Monday declined to entertain a plea challenging the power of the Lieutenant Governor (L-G) of the Union Territory (UT) of Jammu and Kashmir to nominate five Members (MLAS) to the Legislative Assembly of the UT.

SC refuses to entertain plea against J&K LG’s power to nominate 5 MLAs to State Assembly

File photo Jammu & Kashmir LG Manoj Sinha

The Supreme Court on Monday declined to entertain a plea challenging the power of the Lieutenant Governor (L-G) of the Union Territory (UT) of Jammu and Kashmir to nominate five Members (MLAS) to the Legislative Assembly of the UT.

Refusing to entertain the plea challenging the powers of the J&K Lt Governor to nominate five MLAs, a bench of Justice Sanjiv Khanna and Justice PV Sanjay Kumar asked the petitioner Ravinder Kumar Sharma to first approach the Jammu & Kashmir and Ladakh High Court.

Appearing for the petitioner Sharma, senior advocate Abhishek Manu Singhvi told the court that such nomination by an unelected Lt Governor can throttle the electoral verdict.

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

The five nominated members will have the same powers and privileges including voting rights as available to other elected lawmakers in the Union Territory assembly.

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

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