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HC directive in PIL seeking declaration of nominations of 8 MLCs as illegal
10/8/2015 11:53:44 PM
Early Times Report

Jammu, Oct 8: In a PIL, seeking quashment of notification/SRO No 122 of April 9, 2015 issued by the law secretary by virtue of which under sub- section 6 of section 50 of the J&K constitution, Zaffar Iqbal Manhas, Ashok Khajuria, Vikramaditya Singh, Ramesh Arora, Saifudin Bhat, Ajatshatru Singh, Mohammad Khurshid Alam and Surinder Mohan Ambardar were nominated as members of the Upper House, a high court division bench of Justice Hasnain Massodi and Justice B S Walia today directed Chief Secretary, GAD Commissioner and Principal Secretary to Governor to file reply before November 27 next.
In the PIL, the petitioner also sought quashment of the Bulletin-II of March 9, 2015 issued by the law secretary and declaration of the nominations of Zaffar Iqbal Manhas, Ashok Khajuria, Vikramaditya Singh, Ramesh Arora, Saif-Ud-din Bhat, Ajatshatru Singh, Mohd. Khurshid Alam and Surinder Mohan Ambardar as members of J&K Legislative Council as illegal, unconstitutional, unsustainable and null and void.
In the PIL it has also been submitted to treat the nomination of the above mentioned leaders as Usurper to the Constitutional Public Position as they lack eligibility / qualifications prescribed under Sub Section 6 of Section 50 of the Constitution of Jammu and Kashmir for such nominations as Members of Jammu and Kashmir Legislative Council and issue direction to respondents to give due representation to socially and economically backward classes in the state, which was the mandate of constitution and intention of legislature. The bench, after hearing the petitioner, observed that registered notices had gone to respondent law secretary, secretary of legislative council, Zaffar Iqbal Manhas, Saif-Ud-din Bhat, Mohammad Khurshid Alam and Surinder Mohan Ambardar, statutory period is over and deemed service. Accordingly, they are set ex-parte. The bench also directed Chief Secretary, GAD Commissioner and Principal Secretary to Governor to file reply before November 27, 2015. (JNF)
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