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| Petition challenging nomination of 5 MLAs listed for Mar 20 | | |  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. |
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