SRINAGAR: Jammu and Kashmir high court Monday declined to stay the nomination of five MLAs by J&K lieutenant governor Manoj Sinha , while admitting the writ petition for final hearing.
A division bench of Justice Sanjeev Kumar and Justice Rajesh Sekhri refused to grant a stay on the nominations, pending adjudication of the matter.
Ahead of the poll results, non-BJP parties in J&K had opposed the LG’s move to nominate five MLAs to the assembly. With the nomination of five members, the strength of J&K assembly goes up to 95, taking the magic figure to 48. The governing NC-Cong-CPM coalition is comfortably placed with a tally of 50 MLAs besides the support of four indepdents and the lone AAP legislator.
The court declined interim relief to the petitioner, leaving it open for the parties to approach HC again in case of a change of circumstance.
“In view of the fact that the govt has been formed, there is no urgency for grant of interim relief prayed for,” the HC said. The court has listed the matter for final consideration on Dec 5.
Sharma said in his petition that the current provisions empowering the LG to nominate members were against the basic spirit and structure of the Constitution. The petition contended that LG must seek advice from the council of ministers before making these nominations.
He had earlier approached the Supreme Court against Sections 15, 15A and 15B of the J&K Reorganisation Act , 2019, which empowered the LG to nominate five members to the assembly. The apex court had declined to entertain the petition and had asked the petitioner to first approach the high court.
Senior advocate Abhishek Manu Singhvi , who appeared for petitioner Ravinder Sharma , J&K Pradesh Congress Committee spokesperson, argued for staying the nominations while the plea was opposed by solicitor general Tushar Mehta, along with deputy solicitor general Vishal Sharma, appearing for the Centre.
A division bench of Justice Sanjeev Kumar and Justice Rajesh Sekhri refused to grant a stay on the nominations, pending adjudication of the matter.
Ahead of the poll results, non-BJP parties in J&K had opposed the LG’s move to nominate five MLAs to the assembly. With the nomination of five members, the strength of J&K assembly goes up to 95, taking the magic figure to 48. The governing NC-Cong-CPM coalition is comfortably placed with a tally of 50 MLAs besides the support of four indepdents and the lone AAP legislator.
The court declined interim relief to the petitioner, leaving it open for the parties to approach HC again in case of a change of circumstance.
“In view of the fact that the govt has been formed, there is no urgency for grant of interim relief prayed for,” the HC said. The court has listed the matter for final consideration on Dec 5.
Sharma said in his petition that the current provisions empowering the LG to nominate members were against the basic spirit and structure of the Constitution. The petition contended that LG must seek advice from the council of ministers before making these nominations.
He had earlier approached the Supreme Court against Sections 15, 15A and 15B of the J&K Reorganisation Act , 2019, which empowered the LG to nominate five members to the assembly. The apex court had declined to entertain the petition and had asked the petitioner to first approach the high court.
Senior advocate Abhishek Manu Singhvi , who appeared for petitioner Ravinder Sharma , J&K Pradesh Congress Committee spokesperson, argued for staying the nominations while the plea was opposed by solicitor general Tushar Mehta, along with deputy solicitor general Vishal Sharma, appearing for the Centre.
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