Jammu: Advocate and Senior Congress leader Ravinder Sharma, the petitioner in the MLA nomination case, announced that he will file a rejoinder to the Government of India’s reply before the Jammu and Kashmir High Court sets the date for the final hearing.
The case is scheduled for August 14, when the court will consider the petition to fix the date for the final hearing in open court. Senior Supreme Court Advocate Dr. Abhishek Manu Singhvi is representing Sharma in this matter.
Speaking to the media, Sharma stated that the Government of India submitted its reply at the last minute after multiple extensions. He emphasized that the petitioner now has the right to respond.
“We will review the reply with our senior legal team and request time to file a rejoinder before the court on the date fixed for the final hearing,” said Sharma, who is also a former MLC and the Chief Spokesperson of the Congress party.
Sharma explained that the petition challenges certain provisions of the Jammu and Kashmir Reorganisation Act, which allow the Lieutenant Governor to nominate five MLAs without consulting the council of ministers and beyond the approved strength of the J&K Assembly, which totals 114 members (90 elected and 24 reserved for PoJK).
“These five nominated members exceed the sanctioned strength of 114, which is incorrect,” Sharma argued. “Furthermore, such nominations could alter the balance of power by turning a minority into a majority or vice versa, undermining the fundamental principles of the Constitution.”
The High Court has identified a key legal question: whether these provisions of the Reorganisation Act violate the basic structure of the Constitution. The court had ordered the Government of India and the Lieutenant Governor to submit their replies, which were eventually filed after a significant delay.
Sharma reaffirmed that the petitioner will file a rejoinder, following which the PIL will proceed to final hearing on August 14.
