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| Case to come up for final hearing on Dec 18 | | Challenge to nomination of 5 MLAs | | Early Times Report
Jammu, Nov 22: The High Court of Jammu & Kashmir and Ladakh on Friday fixed December 18 as the date for final hearing of the high-profile Public Interest Litigation (PIL) challenging key provisions of the J&K Reorganisation Act, 2019, as amended in December 2023. The contentious provisions empower the Lieutenant Governor to nominate five MLAs to the J&K Legislative Assembly in addition to its sanctioned strength.
When the matter came up before the Special Division Bench of Justice Sanjeev Kumar and Justice Rajesh Sekhri this afternoon, the court sought to know whether both sides were prepared to begin final arguments. Senior Supreme Court advocate Prashanto Sen, appearing for the petitioner, requested a short adjournment and assured the Bench that he would argue the case on the next date.
Observing that the matter had already seen repeated delays “for one reason or the other,” the Bench agreed and scheduled December 18 for final hearing.
The PIL—filed by former MLC and JKPCC Chief Spokesperson Ravinder Sharma, who is also a lawyer—challenges the constitutionality of Sections 15, 15-A and 15-B inserted into the J&K Reorganisation Act through the December 2023 amendment. Sharma initially approached the Supreme Court in October last year and subsequently moved the High Court.
After preliminary hearing on October 21, the High Court framed a significant question of law and issued notices to the Government of India and the Lieutenant Governor, directing them to file their responses. Both respondents have since submitted detailed replies defending the amendment and justifying the LG’s authority to nominate five members to the Assembly.
With pleadings now complete, the case has been listed for final hearing on December 18. |
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