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Informist, Monday, Oct. 14, 2024

 

NEW DELHI – The Supreme Court Monday refused to entertain a petition against the power of the Jammu and Kashmir lieutenant governor to nominate five members to the Union territory's legislative assembly. The Bench led by Justice Sanjiv Khan asked petitioner Ravinder Kumar Sharma to move the Jammu and Kashmir High Court. 

 

"In many cases where we have entertained at first instance (bypassing the high court), we see many things get left out," said the Bench, also comprising Justice Sanjay Kumar. Advocate Abhishek Manu Singhvi, appearing for Sharma, had argued that such nomination by an unelected lieutenant governor can throttle the electoral verdict.

 

The Jammu and Kashmir Reorganisation Act, 2019, has specified that the lieutenant governor of the Union territory can nominate two members to the legislative assembly to give representation to women if they are not adequately represented in the assembly.

 

However, in an amendment in July 2023, the government gave powers to the lieutenant governor to nominate three more members to the assembly. Out of the three, two members have to be from the Kashmiri migrant community and one has to be from displaced persons from Pakistan-occupied Kashmir.

 

After the delimitation of seats in Jammu and Kashmir, the number of elected members of legislative assemblies is 90, with the halfway mark being 45. With the five nominated members, the halfway mark will rise to 48. 

 

The Jammu and Kashmir National Conference and the Congress alliance have won 49 out of 90 seats in the Jammu and Kashmir Assembly elections. The National Conference emerged as the largest party in the Union territory with 42 seats and its allies--the Congress and Communist Party of India (Marxist)--won six and one seat, respectively. The Bharatiya Janata Party, which contested 62 seats in the Union territory, secured 29.  End

 

Reported by Surya Tripathi

Edited by Saji George Titus

 

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