SRINAGAR: The Chief Justice J&K & Ladakh high court Justice Tashi Rabstan today agreed to constitute a special division bench on Monday to hear a Public interests Litigation ( PIL) regarding issue of nomination of five MLAS in Jammu & Kashmir Legislative Assembly.
As the counsel for the Petitioner D K Khajuria Advocate today mentioned before the Chief Justice for the early listing of the petition filed by Ravinder Kumar Sharma, a lawyer & Former MLC & Chief Spokesperson of J&K Pradesh Congress Committee , over the issue of nomination of five MLAs, the Chief Justice agreed to constitute a special bench for Monday to hear the matter.
Khajuria mentioned that the matter is of urgent nature which shall be argued by Senior Supreme Court Lawyer Dr Abhishek Manu Singhvi, the hon’ble Chief Justice agreed to constitute a bench for Monday.
Khajuria also read out the order of Hon’ble Supreme Court, which had given liberty to the petitioner to approach the J&K High court in the matter.Adv Anuj Mahajan & Adv Ayush Pangotra assisted Khajuria.
Petitioner Ravinder Sharma was also present in the court at the time when the special mention was made.
The issue erupted after the BJP claimed in the media after the polling that five members of the ruling party shall be nominated, adding to the tally of the BJP for staking claim to the formation of the government. The Congress immediately reacted to the issue and said that it would be negation of the mandate of the people.
The party immediately approached Supreme Court & filed a petition on Oct 8, on the day of polling, to be specially mentioned in case of a hung assembly to check mate BJP from playing game, however the mandate gave clear majority to the NC- Congress coalition, as a result the petition came up before the Division bench of the Supreme Court on Oct 14.
The Supreme Court declined to entertain the matter, however gave liberty to the petitioner to approach the J&K High court.
In the petition, challenge has been given to the provisions of J&K Reorganisation Act,2019 as amended in Dec 2023, empowering the Lt Governor to make nominations of five MLAs. The petition contended that the Lt Governor is supposed to seek the aid & advise of council of ministers before making nominations, otherwise the provisions are ultravires to the basic spirit & structure of the Constitution.
