JAMMU: The Jammu & Kashmir and Ladakh High Court will constitute a special bench to hear a PIL challenging the power vested in the lieutenant governor to nominate five members to the legislative assembly of the Union Territory.
Chief Justice Tashi Rabstan agreed to constitute a special division bench on Monday after petitioner Ravinder Sharma, senior vice-president of J&K Pradesh Congress Committee and a former MLC, sought an urgent hearing.
On Oct 14, a division bench of the Supreme Court had declined to hear a similar plea filed by Sharma, and had asked him to approach the high court first.
The petition challenges the provisions of the J&K Reorganisation Act that empower the LG to nominate five MLAs to the 90-member assembly, taking its total strength to 95. The provisions had been inserted in the 2019 Act through an amendment in Dec 2023, triggering a massive uproar ahead of the recently held assembly elections, with opposition parties fearing it could alter the composition of the House. They alleged that the provisions were brought in to tilt the numbers in favour of BJP-NDA, in case of a close or hung verdict.
With the National Conference-Congress alliance getting a clear mandate, NC vice-president Omar Abdullah on Oct 9 urged the Centre and LG Manoj Sinha not to unnecessarily create a political conflict by making the nominations.
“Nominating these five will not change the govt. So, what is the use of it? You will unnecessarily nominate five people to sit in the opposition,” said Omar, who took oath as chief minister on Wednesday.
Earlier, PDP leader Iltija Mufti had alleged a day before the counting of votes on Oct 8 that empowering the LG to nominate five members was a “brazen pre-result rigging”.
BJP’s J&K chief Ravinder Raina had, on the other hand, defended the provision, saying the power had been given to the LG through an Act of Parliament, and that the nomination of MLAs would be “in accordance with the constitutional process”.