Supreme Court Refuses To Entertain Plea To Restrain J&K LG From Nominating Members To Assembly, Asks Petitioner To Approach HC

The Supreme Court today refused to entertain a petition against the Jammu and Kashmir Lieutenant Governor's proposed move to nominate 5 members to the J&K Assembly. The petitioner, however, was granted liberty to approach the High Court for appropriate relief.

"We are not inclined to entertain the present petition under Article 32 of the Constitution of India and give liberty to the petitioner to approach the jurisdictional High Court by way of writ petition under Article 226 of the Constitution of India. We clarify that we have not expressed any opinion on merits", said the bench of Justices Sanjiv Khanna and Sanjay Kumar.

As per the Jammu and Kashmir Reorganization Act 2019, 90 seats are reserved for Jammu and Kashmir divisions and 5 are those to which the LG can nominate MLAs.

In the recently held elections to the 90 seats in the J&K, the NC-Congress alliance won 48 seats.

During today's hearing, Senior Advocate Dr Abhishek Manu Singhvi, appearing for petitioner-Ravinder Kumar Sharma, submitted,

“It's a basic structure issue. When you have this system of nominating beyond 90...what happens...48 is my alliance. That's three above the majority. The total of all the others is 42...If you nominate five (and this was only 2 earlier...you increase that 2 by amendments after the taking-over of Kashmir's original statehood)... you become 47 and I become 48. You have to only get one more person...You can nullify the elected mandate...The electoral verdict of numbers can be negated...a Central government nomination means the person who haa won the election can be negated...this is outside of 90! Suppose this five becomes ten tomorrow, by way of an amendment?”

On hearing Singhvi, Justice Khanna expressed that the power objected to has not been exercised yet and the High Court ought to be moved first, as sometimes the Supreme Court has decided directly but some issues were left out. "If they do something, if the High Court does not give you stay, you can move over here...", assured the judge.

Before the Court parted with the matter, Singhvi insisted that a line be added in the order that the petitioner can approach again if there is delay by the High Court in deciding the issue. "Non-decision is a decision...You tomorrow nominate, you are at 47" he said.

Although nothing to the effect was recorded in the order, Justice Khanna orally said that the same should not happen.

Case Title: RAVINDER KUMAR SHARMA Versus LIEUTENANT GOVERNOR OF JAMMU AND KASHMIR AND ORS., Diary No. 46862-2024

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