New Delhi, Oct 14,: The Supreme Court has declined to consider a petition challenging the Lieutenant Governor’s authority to nominate five members to the Jammu and Kashmir legislative assembly.
This decision was made by a bench comprising justices Sanjiv Khanna and Sanjay Kumar, who advised the petitioner to approach the Jammu and Kashmir High Court instead.
The petitioner, Ravinder Kumar Sharma, represented by senior counsel Abhishek Manu Singhvi, contested Sections 15, 15A, and 15B of the J&K Reorganisation Act, 2019. These provisions grant the Lieutenant Governor the power to nominate five members to the assembly, potentially altering its composition.
Advocate Singhvi argued that this power threatens the electoral mandate, as the nominated members could shift the balance of power.
The bench, however, was unconvinced, stating that the Lieutenant Governor has not yet exercised this power and that the high court should examine the issue. They also noted that the petition was filed before the election results were announced. The court recorded that it was not inclined to entertain the petition under Article 32 of the Constitution and allowed the petitioner to approach the jurisdictional high court under Article 226.
Singhvi requested permission to revisit the issue if drastic changes occur, to which the bench responded that such changes should not happen in the first place. [KNT]
