The Jammu and Kashmir and Ladakh High Court has scheduled a hearing for next week to address a petition challenging the lieutenant governor’s authority to nominate five members to the Legislative Assembly of the Union territory. The plea, which questions the constitutional validity of this power under the J&K Reorganisation Act, will be heard by a special division bench formed for this purpose.
Chief Justice Tashi Rabstan approved the formation of the special bench following a request from petitioner Ravinder Sharma, a senior vice president of the Pradesh Congress Committee and former member of the legislative council. The move came after the Supreme Court, on October 14, directed the petitioner to seek relief from the high court instead of entertaining the plea itself.
Sharma’s counsel, D.K. Khajuria, successfully pushed for an early listing of the petition, citing concerns over the LG’s nominations potentially bypassing the traditional democratic processes. The petition argues that the lieutenant governor should consult the council of ministers before making any nominations, as failing to do so could contravene the fundamental principles of the Constitution.
