Diplomat Digital
Jammu,August 14:- In the significant case regarding the nomination of five MLAs to J&K Assembly , the Hon’ble High Court today granted time to the Petitioner to file rejoinder & fixed Sept 26th ,the next date for hearing .
While allowing the plea of the Petitioner Ravinder Kumar Sharma & intervenors, for filing rejoinder before the next date, positively, the Hon’ble Court observed that time of the court should not be wasted due to the delay in the completion of the pleadings, since the matter involved purely important questions of law.
The Court is ready to hear the matter at the earliest and dirrected the parties to complete the pleadings before the next date,so that the case is to be finally heared.
As the case was taken up by the Division Bench comprising Justice Sanjeev Kumar and Justice Rajesh Sekhri, today afternoon the Petitioner submitted that the respondents have finally filed objections now, time may be granted to the Petitioner for filing rejoinder to the same and matter may be fixed for final hearing.
The court accepted the plea and allowed the Petitioner & ors to file rejoinder before the next date to hear the matter.
Petitioner in person alongwith counsel Aayush Pangotra made submissions , while DSGI Vishal Sharma appeared for respondents. Adv S S Ahmed and Adv Mandeep Reen appeared for intervenors/ applicants.
The PIL challenging the provisions of section 15,15-A and 15- B of the J&K Reorganisation Act as inserted vide amendment dated 15th December 2023 authorizing the Lt Governor to nominate five MLAs ,beyond the sanctioned strength of the Assembly of J&K UT Assembly was filed by Former MLC and Chief Spokesperson of JKPCC Mr Ravinder Sharma in October last year in the J&K High Court.
The special Division Bench of High Court admitted the matter after detailed hearing of both sides and framed an important question of law, which read ” Whether sections 15,15-A 14- B of the Jammu and Kashmir Reorganisation Act 2019, making provision for nominating the members of Legislative Assembly over and above the sanctioned strength of the Legislative Assembly and which have the potential of converting the minority government into a majority government and vice versa, is ultra vires the constitution, being in violation of basic structure of the constitution.”
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The court asked the respondents Including Lt Governor and ministry of Home affairs to file reply affidavit in the matter. The respondents sought several opportunities for the same, on different occasions, when the petition was listed and finally filed the common reply on 24 th july last,defending the provisions & powers of Lt Governor.
Thereafter the matter came up for hearing before the Hon’ble Court today and now fixed for 26th September for further hearing.DD