MLA nomination case: J&K HC grants time to petitioner for filing rejoinder
Jammu: The High Court of Jammu and Kashmir and Ladakh on Thursday granted time to the petitioner to file a rejoinder on the MHA’s affidavit on the nomination of five members to the J&K Assembly before the next date of hearing on September 26.
The Ministry of Home Affairs, in an affidavit, said the powers granted to the J&K lieutenant governor (L-G) to nominate five members to the legislative assembly were necessary for inclusivity and adequate representation of all communities.
It also said the L-G’s powers were discretionary and can be exercised without the aid and advice of the council of ministers, asserting that the L-G office was not an extension of the government, while seeking dismissal of the petition.
The affidavit was filed in response to a plea of Congress leader Ravinder Sharma challenging the constitutional validity of sections 15, 15-A and 15-B of the Jammu & Kashmir Reorganisation Act, which made provisions for the L-G to nominate five members of the legislative assembly beyond the sanctioned strength.
As the case was taken up by the division bench of the High Court comprising Justice Sanjeev Kumar and Justice Rajesh Sekhri, the petitioner submitted that the respondents have finally filed objections and so time may be granted to him for filing rejoinder to the same and matter may be fixed for final hearing.
The court accepted the plea and allowed the petitioner and others to file the rejoinder before the next date, which was set on September 26, Sharma said.
