The Supreme Court on Monday declined to entertain a plea challenging the constitutional validity of the Lieutenant Governor (LG) nominating five members to the Jammu and Kashmir assembly.
A bench comprising Justice Sanjiv Khanna and Justice P.V. Sanjay Kumar stated that it was not prepared to accept the petition due to various issues.
The court suggested that the petitioner first approach the High Court of Jammu and Kashmir and Ladakh.
“In many cases where we have entertained matters at first instance, bypassing the High Court, we find that many aspects are overlooked,” the court asserted.
This statement came after senior advocate Abhishek Manu Singhvi, representing petitioner Ravinder Kumar Sharma, argued that such nominations by an unelected lieutenant governor could influence the electoral verdict.
Following the recent delimitation exercise, Jammu and Kashmir now has a total assembly capacity of 95 members, of whom 90 are elected through voting and five are nominated by the LG.
This amendment, enacted by the central government, has sparked considerable controversy in Jammu and Kashmir, with major political parties deeming it unconstitutional.
The vice president of the National Conference (NC), who is set to take the oath in the coming days, stated that the LG lacks the authority to nominate members to the J&K assembly.
With the addition of five unelected members to the Union Territory assembly, the majority mark has increased from 45 to 48. In the recently concluded assembly elections, the INDIA alliance, comprising the Jammu and Kashmir National Conference, Congress, and CPI(M), secured a total of 49 seats.
The coalition led by the NC now has sufficient seats to form the government. Furthermore, support from independent candidates has bolstered the alliance's strength, bringing their total to 54 seats.
However, the nomination of five MLAs remains a contentious topic in Jammu and Kashmir politics.
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