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SC advises to approach HC, dismisses plea on JK LG’s nomination power

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New Delhi

On Monday, the Supreme Court refused to consider a petition questioning the Jammu and Kashmir Lt Governor’s authority to nominate five members to the Assembly, as recommended by the Union Ministry of Home Affairs. The bench, led by Justice Sanjiv Khanna, suggested that the petitioner, represented by senior advocate Abhishek Manu Singhvi, approach the high court instead.

The court stated, we are not inclined to entertain the present petition filed under Article 32 of the Constitution of India, while allowing the petitioner to file a writ petition in the appropriate high court under Article 226. The justices made it clear they had not expressed any opinion on the case’s merits. According to the J&K Reorganisation Act of 2019 and its amendment in 2013, all five nominated members will have voting rights in the assembly.

Among the nominees, there will be two women, two representatives from the displaced Kashmiri Pandit community (including at least one woman), and one from the West Pakistan refugee community. Recently, Omar Abdullah, Vice President of the National Conference (NC), met with Lt Governor Manoj Sinha to claim the mandate to form the government. Abdullah emphasized that restoring statehood for Jammu and Kashmir should be the cabinet’s priority.

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