Jammu & Kashmir High Court Admits Petition Challenging Nomination Of 5 MLAs By Lt Governor, Declines Interim Stay

The petition, filed by Ravinder Kumar Sharma, a spokesperson for the Pradesh Congress Committee, disputes the provisions of the Jammu and Kashmir Reorganization Act, 2019, specifically Sections 15, 15A, and 15B. These provisions empower the Lieutenant Governor to nominate five members to the legislative assembly over and above the assembly's sanctioned strength.

The petitioner argues that this move is unconstitutional, as it risks altering the balance of power in the assembly by turning a minority government into a majority one.

The petitioner represented by senior advocate Abhishek Manu Singhvi, contends that the nominations were made without consulting the Council of Ministers, violating the constitutional principle that the LG must act on ministerial advice. Sharma had earlier approached the Supreme Court on the same issue, but the apex court directed him to seek relief from the High Court.

During the hearing, Singhvi pressed for an interim stay on the nominations, arguing that the continued presence of the nominated MLAs could unfairly benefit the ruling party. Political parties, including the Congress, National Conference (NC), and People's Democratic Party (PDP), have raised concerns that the nominees comprising two women, two migrant Kashmiri Pandits, and one member representing Pakistan-Occupied Jammu and Kashmir refugees are inclined to support the BJP, he contended.

Opposing the plea for interim relief, Solicitor General Tushar Mehta and Deputy Solicitor General Vishal Sharma defended the nominations arguing that there was no immediate need for judicial intervention, as the government formation had already been completed.

After considering the rival contentions a division bench comprising Justice Sanjeev Kumar and Justice Rajesh Sekhri admitted the petition, acknowledging that it raises a significant legal issue.

The court recorded,

“.. we are of the opinion that the writ petition, inter-alia, raises the following debatable question of law: “Whether Sections 15, 15-A and 15-B of the Jammu & Kashmir Reorganization Act, 2019, making provision for nominating the members of Legislative Assembly over and above the sanctioned strength.. have the potential of converting the minority government into a majority government and vice versa, is ultra vires the Constitution”

However, the court refused to issue an interim stay reasoning,

“In view of the fact that the Government has been formed, there is no urgency for grant of interim relief prayed for. The prayer of the petitioners for interim relief at this stage is declined. The parties shall be at liberty to approach this Court for interim relief, should there be a change in the circumstances”.

"Whether Sections 15, 15-A, and 15-B of the Jammu & Kashmir Reorganization Act, 2019, which allow the nomination of members beyond the sanctioned assembly strength, violate the basic structure of the Constitution by potentially altering the majority-minority dynamics of the government?"

The case is scheduled for final consideration on December 5, 2024.

Case Title: Ravinder Kumar Sharma Vs U.T of J&K & Ors

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