“High Court is better suited to examine these matters”
Srinagar : As Jammu and Kashmir approaches the formation of a new government led by chief minister-designate Omar Abdullah of the National Conference (NC), the Supreme Court has declined to entertain a petition questioning the lieutenant governor’s (LG’s) authority to nominate five members to the J&K legislative assembly.
A bench comprising Justices Sanjiv Khanna and Sanjay Kumar directed the petitioner, Ravinder Kumar Sharma, to approach the high court for redress. Sharma challenged Sections 15, 15A, and 15B of the J&K Reorganisation Act, 2019, which empower the LG to make such nominations, potentially impacting the elected assembly’s composition.
Petitioner’s counsel, Abhishek Manu Singhvi, argued that this power could undermine the electoral mandate, stating, “If the LG nominates five MLAs, it could alter the majority dynamics and frustrate the democratic process.
” However, the bench responded that the high court is better suited to examine these matters and noted that the petition was filed prior to the announcement of election results.
In its brief order, the bench clarified that it was not inclined to consider the petition under Article 32 of the Constitution but permitted the petitioner to approach the high court under Article 226. Singhvi requested the opportunity to return if significant issues arose, to which the bench remarked, “It hasn’t happened yet, and we may also say that it should not happen.”
