The Jammu and Kashmir and Ladakh High Court has admitted the petition challenging the nomination of five MLAs by the Lieutenant Governor of Jammu and Kashmir but declined to grant a stay during the pendency of the case.
A division bench comprising Justice Sanjeev Kumar and Justice Rajesh Sekhri refused to grant an interim stay on the nominations.
Senior advocate Abhishek Manu Singhvi, representing the petitioner, argued that the nominations should be stayed pending the Court’s final decision.
Solicitor General of India Tushar Mehta with Deputy Solicitor General Vishal Sharma, appeared for the Union Government and resisted the plea for interim relief. After considering the arguments, the court issued notice in the petition but held that there was no immediate need to grant interim relief.
The bench remarked that the formation of the government mitigated the urgency of the petitioner’s request, stating, "In view of the fact that the Government has been formed, there is no urgency for grant of interim relief prayed for. The prayer of the petitioners for interim relief at this stage is declined. The parties shall be at liberty to approach this Court for interim relief, should there be a change in the circumstances."
The case has been listed for final consideration on December 5.
The petition was filed by Ravinder Sharma, spokesperson for the Pradesh Congress Committee. He contends that the provisions of the Jammu and Kashmir Reorganisation Act, 2019—specifically Sections 15, 15A, and 15B—empowering the LG to nominate five members to the legislative assembly, are inconsistent with the basic structure of the Constitution. Sharma argues that the LG must act on the aid and advice of the Council of Ministers before making such nominations.
The petitioner had previously approached the Supreme Court with the same plea. However, the Supreme Court declined to entertain the petition at that stage, directing the petitioner to approach the Jammu and Kashmir High Court.
Congress and the regional parties, including the National Conference (NC) and the People's Democratic Party (PDP), have raised concerns that the nomination of the five MLAs—two women, two migrant Kashmiri Pandits, and one from Pakistan-Occupied Jammu and Kashmir Refugees (POJKR)—will benefit the BJP in the assembly.
They argue that the nominated MLAs are likely to support the BJP since they are appointed by the LG, which could increase the BJP's numbers in the assembly, putting other parties at a disadvantage.
In the 90-member assembly, 46 members are needed to form the government. The five nominated MLAs are pivotal for securing a majority if the competition to form the government becomes tight.