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J&K High Court Allows Rejoinder, Fixes Sept. 26 Hearing in Assembly Nomination Challenge

The case poses a constitutional test of whether the lieutenant governor’s nominations require the council of ministers’ advice under the J&K Reorganisation Act

Overview

  • A division bench of Justices Sanjeev Kumar and Rajesh Sekhri permitted Congress leader Ravinder Sharma to file a rejoinder to the Centre’s affidavit by Sept. 26
  • The Ministry of Home Affairs’ affidavit defends the L-G’s authority to nominate five MLAs as a discretionary power that bypasses the council of ministers’ advice
  • Sharma’s petition challenges the constitutional validity of sections 15, 15-A and 15-B of the Reorganisation Act, which allow nominations beyond the Assembly’s sanctioned strength
  • Government lawyers argue that the nomination slots secure representation for displaced Kashmiri migrants, persons from Pakistan-occupied J&K and other under-represented groups
  • The court will reconvene on Sept. 26 to assess Sharma’s rejoinder and decide whether to uphold or strike down the contested nomination provisions