The Supreme Court of India on Monday dismissed a petition challenging the authority of the Jammu and Kashmir Lieutenant Governor to nominate five members to the Assembly based on recommendations from the Union Ministry of Home Affairs. A bench led by Justice Sanjiv Khanna advised senior advocate Abhishek Manu Singhvi, representing the petitioner, to approach the high court instead. “We are not inclined to entertain the present petition filed under Article 32 of the Constitution of India and grant liberty to the petitioner to approach the jurisdictional high court via a writ petition under Article 226 of the Constitution,” the bench, which also included Justice Sanjay Kumar, stated. The court clarified that it had not expressed any opinion on the merits of the case.
According to the Jammu and Kashmir Reorganisation Act of 2019 and its Amendment Act of 2013, all five nominated members will possess voting rights during government formation.
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The nominees will include two women, two representatives from the displaced Kashmiri Pandit community (including at least one woman), and one representative from the West Pakistan refugees.
In related political developments, National Conference (NC) Vice President Omar Abdullah met with Lieutenant Governor Manoj Sinha at the Raj Bhavan in Srinagar on Friday, where he staked a claim to form the government.
The NC holds 42 seats in the 90-member Assembly, while its allies, Congress and CPI-M, have six and one seats, respectively. The Bharatiya Janata Party (BJP) has 29 seats, the People’s Democratic Party (PDP) has three, and both the Aam Aadmi Party (AAP) and the Peoples Conference have one seat each, along with seven Independents.
Among the Independents who won seats, many, including Pyare Lal Sharma, Satish Sharma, Mohammad Choudhary Akram, Dr. Rameshwar Singh, and Muzaffar Iqbal Khan, have pledged their support to the NC. The AAP’s lone winner, Mehraj Malik, has also indicated support for the NC.
Abdullah stated that the first order of business for the new J&K cabinet would be to pass a resolution calling for the restoration of statehood. “It should be the cabinet’s priority to pass a resolution requesting the Centre to restore statehood to J&K.
The Chief Minister should then travel to Delhi with this resolution,” he said. Abdullah acknowledged concerns that a government operating under Union Territory status might have limited powers.
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