x

Like our Facebook Page

   
Early Times Newspaper Jammu, Leading Newspaper Jammu
 
Breaking News :   The Immutable Covenant: Reaffirming J&K’s Historic Accession to India | Plastic Particles Found in Milk Samples: A Scientific Concern | ‘Vocal for Local’ | Only 6 MLAs, 1 big demand: Cong wants Deputy CM’s chair, NC says no | Kharge's remarks against PM Modi unacceptable: Rajnath Singh | SC expresses satisfaction over 14 states agreeing to raise retirement age of Judicial Officers | Massive fire destroys 40 shops near Jammu Railway Station | DGPs, IGPs Conference to be held in Tirupati from Dec 4 to 6; PM Modi, Amit Shah to attend | Values hold great importance in Indian culture: Nitin Nabin | Anantnag: Police register 8 NDPS cases, arrest 7 suspects | Build bar rooms, washrooms for women advocates: SC to States, UTs | J&K cabinet expansion today | Searches launched in Kathua | Gymkhana Jammu Promotes various activities at Yug Dhar | DC Kishtwar administers Integrity Pledge as Vigilance Awareness Week 2026 commences in district | J-K's accession to India historic, unity and integrity non-negotiable: BJP MP Sharma | Six CGPWA veterans felicitated | Samba police conducted joint foot patrolling along border road | Reasi police crack down on drug trafficking in Katra | SSP Awantipora interacts with media fraternity of Police District Awantipora | Centre invites applications for two posts of information commissioners in CIC | Railway Board flags safety concerns, grants conditional approval to RCF-made Vande Bharat chair car | Govt amends motor vehicle rules to permit pure ethanol flex-fuel vehicles | Rupee falls 22 paise to close at 95.15 against US dollar | SSP Benam Tosh urges people to use social events as platforms for anti-drug campaign | On Accession Day, Mehbooba urges people of India to recall promises made to J&K | 'CGA Adalat-2026' to be organized for disposal of pending compassionate appointment cases | Samba police foils major bovine smuggling attempt; arrests bovine smuggler | Raksha Mantri to lead Indian delegation at 13th ADMM-Plus in Philippines | Applications invited for re-engagement of retired railway employees | Person booked after being found in an intoxicated state at Dogripora | LS Speaker inaugurates 12th BRICS Parliamentary Forum 2026 | Three per cent of world's glaciers account for over half of global glacier ice loss, study finds | MSI honours Prof Yash Pal Sharma with Prof C Manoharachary Award | National conference held at CU of Jammu | A divine aura of devotion and oneness envelops the third day of the 79th Annual Nirankari Sant Samagam | "Remove 'Emergency' from Fire department: Tony rips into fire services over Shiv Market blaze | Maharishi Valmiki: A Great Symbol of Indian Culture, Literature and Spiritual Consciousness - Sudhir Jain | Pantnagar University Takes Historic Initiative to Make Education Industry-Oriented | Maharishi Valmiki showed humanity the path to living a righteous life through the Ramayana: CM Saini | Back Issues  
 
news details
Petition challenging nomination of 5 MLAs listed for Mar 20
3/11/2025 11:03:32 PM
Early Times Report

Jammu, Mar 11: The Jammu and Kashmir and Ladakh High Court has scheduled March 20 for the hearing on a petition challenging the nomination of five Members of the Legislative Assembly (MLAs) in the Union Territory’s assembly. The petition, filed by former Member of Legislative Council (MLC) and chief spokesperson of the Jammu and Kashmir Pradesh Congress Committee (JKPCC), Ravinder Sharma, questions the legality of these nominations and their implications on the electoral process. The hearing has been postponed twice as the government has yet to file its objections.
While the nomination of these MLAs does not pose an immediate threat to the stability of the Omar Abdullah-led government, the decision holds significant weight in the election of four Rajya Sabha members from Jammu and Kashmir.
In October 2024, the Jammu and Kashmir High Court constituted a special division bench to hear a Public Interest Litigation (PIL) filed by Sharma, challenging the nomination of the five MLAs. The Supreme Court had earlier, on October 14, 2024, declined to entertain the plea, directing the petitioner to approach the high court instead. Following this, Sharma’s counsel, D.K. Khajuria, sought an expedited hearing, leading Chief Justice Tashi Rabstan to establish a special bench for the matter.
On December 5, 2025, the High Court granted additional time to the Jammu and Kashmir government to submit its objections regarding the Lieutenant Governor’s (LG) authority to nominate five members to the Legislative Assembly. The court has acknowledged that the writ petition raises critical legal questions, including:
“Whether Sections 15, 15-A, and 15-B of the Jammu & Kashmir Reorganization Act, 2019, allowing for the nomination of MLAs beyond the sanctioned strength of the Legislative Assembly—potentially altering the government’s majority or minority status—are unconstitutional and violate the basic structure of the Constitution?”
The petition argues that the provisions of the Jammu and Kashmir Reorganization Act empower the LG to nominate five MLAs, a decision that should require consultation with the Council of Ministers. According to Sharma, failing to seek such advice renders the provisions ultra vires to the Constitution.
As per the Jammu and Kashmir Reorganization Act, 2019, the LG is authorized to nominate five MLAs, including two women as stipulated under Part III of Section 15. Additionally, the Jammu and Kashmir Reorganization (Amendment) Act, 2023, mandates the nomination of two representatives from the Kashmiri migrant community and one from the displaced persons of Pakistan-occupied Jammu and Kashmir (PoJK).
The act defines Kashmiri migrants as those identified under the Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997. Displaced persons from PoJK are individuals who, due to partition, civil disturbances, or wars of 1947-48, 1965, and 1971, were forced to leave their homes and have since settled outside the occupied region.
The recent Assembly elections saw the National Conference-Congress alliance securing a majority with 48 seats in the 90-member Assembly. While the nominations may not impact the government’s stability, their influence on the upcoming Rajya Sabha elections remains a focal point of legal and political scrutiny.
As the final hearing approaches, the outcome of this case could have far-reaching consequences on the governance structure and electoral processes in the Union Territory.
  Share This News with Your Friends on Social Network  
  Comment on this Story  
 
 
 
Early Times Android App
STOCK UPDATE
 
 
 
 
 
 
 
   
Home About Us Top Stories Local News National News Sports News Opinion Editorial ET Cetra Advertise with Us ET E-paper
 
 
J&K RELATED WEBSITES
J&K Govt. Official website
Jammu Kashmir Tourism
JKTDC
Mata Vaishnodevi Shrine Board
Shri Amarnath Ji Shrine Board
Shri Shiv Khori Shrine Board
UTILITY
Train Enquiry
IRCTC
Matavaishnodevi
BSNL
Jammu Kashmir Bank
State Bank of India
PUBLIC INTEREST
Passport Department
Income Tax Department
JK CAMPA
JK GAD
IT Education
Web Site Design Services
EDUCATION
Jammu University
Jammu University Results
JKBOSE
Kashmir University
IGNOU Jammu Center
SMVDU