The high court of J&K and Ladakh has postponed the hearing on a public interest litigation (PIL) challenging J&K LG’s discretionary powers to nominate five MLAs to legislative assembly to November 21.
As the PIL came up before a division bench, comprising justice Sanjeev Kumar and justice Rajesh Sekhri, counsel for petitioner (Ravinder Sharma former MLC of the Congress) SM Chaudhary apprised the court about non availability of senior counsel Abhishek Manu Singhvi on account of his pre - occupation in the Supreme Court.
Accordingly, the court posted the PIL for hearing on November 21. The counsel for petitioner also apprised the court about reports that respondents were planning to go for nominations.
Upon this, the court observed that the administration has not done it in the past one year and so they shall not do so. DSGI Vishal Sharma appeared for the LG administration.
In August this year, ministry of home affairs, in an affidavit, had informed the J&K HC that the LG can nominate five members to the J&K assembly without the “aid and advice” of the elected government in the Union territory.
“The nomination of five members to J&K assembly was outside the realm of the business of the elected government of J&K. Once Parliament bylaw recognises LG as a distinct authority from the government of Union territory under parliamentary enactment, it necessarily follows that when a power is conferred upon the LG, then the same must be exercised as a statutory function and not as an extension of his duties as the head of the UT government. There can be no manner of doubt that it is the LG who has to exercise this statutory duty in his discretion, as a statutory functionary and not as an extension of the government, thus, without aid and advice,” the MHA reply read.
{{/usCountry}}“The nomination of five members to J&K assembly was outside the realm of the business of the elected government of J&K. Once Parliament bylaw recognises LG as a distinct authority from the government of Union territory under parliamentary enactment, it necessarily follows that when a power is conferred upon the LG, then the same must be exercised as a statutory function and not as an extension of his duties as the head of the UT government. There can be no manner of doubt that it is the LG who has to exercise this statutory duty in his discretion, as a statutory functionary and not as an extension of the government, thus, without aid and advice,” the MHA reply read.
{{/usCountry}}The five members --- two Kashmiri Pandits, including a woman, one member from the PoJK community and two women, if women are not adequately represented in the assembly, can be nominated by the LG. The nomination will take the strength of J&K assembly from 90 to 95.
Political parties like NC, Congress, PDP, and others have been stressing that the LG should nominate five members to the assembly on the recommendation of the elected government.