Plea against J&K Lt Governor's power to nominate 5 Assembly members rejected

The Supreme Court asked the petitioner to approach the Jammu and Kashmir and Ladakh High Court over a plea challenging the Lt Governor's authority to nominate five members to the J&K Assembly.

In Short

• Supreme Court asks petitioner to approach J&K and Ladakh High Court
• National Conference-Congress alliance won 48 of 90 Assembly seats
• Lt Governor has power to appoint 5 more members to J&K Assembly

The Supreme Court on Monday refused to entertain a plea challenging the Jammu and Kashmir Lt Governor's authority to nominate five members to the Union Territory's Assembly, asking the petitioner to approach the High Court instead.

A bench of Justices Sanjeev Khanna and PV Sanjay Kumar asked the petitioner Ravinder Kumar Sharma to approach the Jammu and Kashmir and Ladakh High Court. "In many cases, where we have entertained at first instance (bypassing the High Court), we see many things get left out," the bench said.

Senior advocate Abhishek Manu Singhvi, appearing for the petitioner, alleged that the electoral verdict could be throttled.

To this, the bench replied, "We are not inclined to entertain the matter. You have the liberty to approach the Jammu and Kashmir and Ladakh High Court."

The Jammu and Kashmir Assembly has 90 elected members. According to the Jammu and Kashmir Reorganisation Act of 2019, Lt Governor Manoj Sinha can appoint five more members to represent the displaced Kashmiri people and those from Pakistan-Occupied Kashmir. With this, the halfway risk rises from 45 to 48.

The National Conference-Congress alliance secured a comfortable majority, winning 48 of 90 Assembly seats. Exit polls had predicted a tight fight in the Union Territory, which held its first Assembly polls in a decade, with a slight edge to the alliance.

Amid this, a controversy had broken out over the Lt Governor's authority to nominate five members to the Assembly, with the Congress and National Conference calling it unconstitutional and undemocratic.

On October 11, National Conference leader Omar Abdullah staked claim to form the Jammu and Kashmir government, with 54 members pledging their support to the NC-led alliance.

President's Rule, which was in place since 2019 when Jammu and Kashmir was bifurcated into two Union Territories and the scrapping of Article 370 was revoked, paving the way for government formation.