Five L-G nominated seats turn into point of wrangling in J&K ahead of poll results

Political parties in Jammu and Kashmir clash over Lieutenant-Governor’s power to nominate five Assembly seats, sparking controversy before poll results

Five Lieutenant-Governor nominated seats to the 95-member Jammu and Kashmir Assembly emerged as a major point of wrangling between political parties and the BJP in the Union Territory on Monday, just as poll results are 24 hours away.

“We don’t want people in the Assembly who are not worth it. The Lieutenant-Governor has to only approve what the elected government recommends to him,” National Conference (NC) president Dr. Farooq Abdullah said on the J&K L-G Manoj Sinha exercising powers to nominate five legislators to the 95-member Assembly of J&K.

The NC has not ruled out the option of approaching the Supreme Court if the L-G nominates the seats without consulting the elected government.

The Congress has also cried foul over the issue. “Facing imminent defeat, the BJP is playing desperate games to engineer a majority and hoping for a hung Assembly to aid them in their subterfuge. They know that the people of Jammu and Kashmir have given a clear mandate to the INC-NC alliance,” Congress general secretary in-charge communications Jairam Ramesh said in a post on X. 

“To undo this democratic process, they have resorted to the old ways of their self-proclaimed bogus ‘Chanakya-niti. We have clear information and basis to say that malicious steps are being taken through a colourable and malafide exercise of power to negate the people’s verdict in favour of the INC–NC alliance in J&K. We will do everything in our power to thwart such nefarious designs,” Mr. Ramesh said.

Congress leader K.C. Venugopal said there was “a clear danger to the people’s mandate in J&K.”. “The INC-NC alliance is on the way to a historic victory, but the BJP is not ready to digest the democratic verdict and is planning to subvert this through any and all means available at its disposal. We are vigilant to all their dirty tricks and will not let them hijack our democracy,” he said.

J&K Pradesh Congress Committee president Tariq Hameed Karra said the allocation of five seats for nomination from the L-G “was an overreach of authority”. “The Indian Constitution does not allow for arbitrary nominations, even by the President in the Rajya Sabha. The government is represented by the Cabinet, and such appointments should be made on their recommendation. The arbitrary powers given to the L-G are unconstitutional and undemocratic,” Mr. Karra said.

Mr. Karra said even the President of India does not have such power. “This is a clear violation of democratic norms,” he added.

Peoples Democratic Party (PDP) leader Iltija Mufti likened the nominated seats to the “rigging of 1987”. “All of the five MLAs nominated by L-G are BJP members or associated with the party. Brazen pre-result rigging & shameful manipulation. Might as well have nominated all 90 members instead. Why even hold elections? 1987s stolen election took J&K to the brink. Yet no lessons learnt?” she said.

Meanwhile, senior BJP leader Sofi Yousuf revealed five names, mainly BJP leaders, as contenders for the five seats. “We have a government at the Centre, so we will decide who the nominated MLAs are and we already have decided it,” Mr. Yousuf said.

J&K State president Ravinder Raina has expressed confidence that the BJP will emerge as the single largest party and will secure 35 seats. “The BJP will form a government with the help of like-minded and independent candidates. The nomination of five MLAs by the Lieutenant-Governor is being carried out as per the J&K Reorganisation Act,” he said. Mr. Raina said the BJP supported 15 Independent and like-minded candidates in J&K. 

According to amended Section 15 of the Jammu and Kashmir Reorganisation Act, 2019, the J&K L-G has the power to nominate five members - two women, two Kashmiri Pandits, and one Pakistan Occupied Jammu and Kashmir (POJK) resident - to the J&K Assembly. In case of a hung Assembly, the five MLAs may tilt the balance, in all likelihood in favour of the BJP.

Fresh amendments made to the Act resulted in the incorporation of new sub-sections of Section 15, which include 15A, 15B, and the sub-section (3) of Section 14. This paved the way for the L-G to nominate, besides two women MLAs, two members of Kashmiri Pandits, one of whom shall be a woman, and one member from displaced persons from POJK. These five nominated members will have the same powers and voting rights as other MLAs, it said.

Published - October 07, 2024 11:03 pm IST