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PIL over MLC nomination: DB sets-aside order of ex-parte, directs respondents
11/27/2015 11:54:57 PM
to file response by Dec 28
Early Times Report
Jammu, Nov 27: in a Public Interest Litigation (PIL) filed by Shah Mohammad Choudhary, former member of J&K State Advisory Board for Development of Gujjar and Bakerwals, seeking quashment of the Notification / SRO No. 122 of April 9, 2015 in regard to nominations of eight Members of the Legislative Council against the vacancies, a Division Bench (DB) of State High comprising Justice Hasnain Massodi and Justice BS Walia set-aside the order of ex-parte and directed all respondents to file response before December 28.
When the hearing over PIL was taken up, the Division Bench of State High after hearing Adv Shah Mohammad Choudhary in person whereas Adv Pranav Kohli appearing for the Khusheed Alam and Saif-ud-Bhat, set-aside the order of ex-parte and directed all respondents to file response before December 28.
In the PIL, the petitioner has sought quashing of the Government order and declaring the nominations of Zaffar Iqbal Manhas, Ashok Khajuria, Vikramaditya Singh, Ramesh Arora, Saif-ud-Din Bhat, Ajatshatru Singh, Mohammad Khurshid Alam and Surinder Mohan Ambardar as "illegal, unconstitutional, unsustainable and null and void". In the PIL, it has also been submitted that treating the nominations 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 the Legislative Council. (JNF)
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