The Chief Justice of Jammu and Kashmir and Ladakh High Court, Justice Tashi Rabstan, on Thursday agreed to constitute a special bench on Monday to hear a Public Interest Litigation (PIL) regarding the nomination of five MLAs by the Lt Governor in the Jammu and Kashmir Legislative Assembly.
The Supreme Court had on Monday declined to entertain the plea against the Jammu and Kashmir Lieutenant Governor’s expected nomination of five members to the Assembly and asked the petitioner to approach the High Court.
As DK Khajuria, counsel for petitioner Ravinder Kumar Sharma, a former MLC and chief spokesperson of the J&K Pradesh Congress Committee, requested an early listing of the petition regarding the legality of the nomination of five MLAs, the Chief Justice agreed on Thursday to constitute a special bench to hear the matter on Monday.
Khajuria stated that the matter is of an urgent nature which shall be argued by senior Supreme Court lawyer Abhishek Manu Singhvi.
Petitioner Ravinder Sharma was also present in court when the special mention was made.
The issue arose after the BJP claimed in the media after polls that five members from the ruling party shall be nominated, increasing its tally and strengthening its claim to form the government. In response, the Congress party immediately condemned this move, stating that it would negate the mandate of the people.
The party promptly approached the Supreme Court but the court declined to entertain the matter and granted liberty to the petitioner to approach the J&K High Court.
The petition challenges the provisions of the J&K Reorganisation Act, 2019, as amended in December 2023, which empower the Lt Governor to nominate five MLAs. It contends that the Lt Governor is required to seek the aid and advice of the council of ministers before making such nominations, otherwise, these provisions conflict with the basic spirit and structure of the Constitution.