The Jammu and Kashmir and Ladakh High Court will hold a final hearing on March 20 regarding a PIL questioning the J&K LG’s authority to nominate five members to the Union Territory’s Legislative Assembly. The petitioner argues this power violates constitutional principles, while additional parties seek to intervene, emphasizing the case’s public significance.
Jammu: The Jammu and Kashmir and Ladakh High Court has scheduled the final hearing for March 20 on a Public Interest Litigation (PIL) challenging the authority of the J&K Lieutenant Governor (LG) to nominate five members to the Legislative Assembly of the Union Territory.
A division bench comprising Justice Sanjeev Kumar and Justice Rajesh Sekhri has directed both parties to complete all pleadings, including replies and counter-replies, before the final hearing on March 20.
During the proceedings, Solicitor General Tushar Mehta appeared for the respondents, while Senior Supreme Court lawyer Dr. Abhishek Manu Singhvi and D.K. Khajuria represented the petitioner, Ravinder Sharma.
The court further stated that the bench will be available for the entire day on March 20 to ensure a thorough hearing of the case.
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The PIL challenges the provisions of the J&K Reorganisation Act, which grants the Lieutenant Governor the power to nominate five MLAs to the Union Territory’s Legislative Assembly.
According to the petition, the LG must seek the aid and advice of the council of ministers before making such nominations. The petitioner, Ravinder Sharma, argued that failure to do so would render these provisions ultra vires to the basic spirit and structure of the Constitution.
On October 14, the Supreme Court declined to entertain the plea and directed the petitioner to approach the J&K High Court. Following this, Chief Justice Tashi Rabstan formed a special division bench last October to hear the matter.
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In a related development, retired government officer Ravinder Singh and Gurdev Singh, President of the Jammu Kashmir Sharnarthi Action Committee, have filed an application seeking to intervene in the PIL. They are residents of Pakistan-Occupied Jammu and Kashmir (PoJK) who migrated to India during the 1947 partition.
Through advocate S.S. Ahmed, they requested to be impleaded as party respondents, arguing that the issue carries significant public importance and their voices should also be heard.
Acknowledging the public significance of the case, the court affirmed that anyone with a stake in the matter would be allowed to present their arguments.
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