J&K High Court allows petitioner additional time to submit rejoinder in MLA nomination case

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Jammu: The Jammu and Kashmir and Ladakh High Court on Thursday granted the petitioner additional time to file a rejoinder to the Ministry of Home Affairs’ (MHA) affidavit concerning the nomination of five members to the J&K Assembly. The matter is now scheduled for the next hearing on September 26.

In its affidavit, the MHA stated that the powers vested in the J&K Lieutenant Governor (L-G) to nominate five assembly members are essential for ensuring inclusivity and adequate representation of all communities. The affidavit further emphasized that the L-G’s powers are discretionary and can be exercised independently, without the aid and advice of the council of ministers, asserting that the L-G’s office functions separately from the government. The ministry also sought dismissal of the petition.

The affidavit was filed in response to a plea by Congress leader Ravinder Sharma, who challenged the constitutional validity of Sections 15, 15-A, and 15-B of the Jammu and Kashmir Reorganisation Act. These provisions allow the L-G to nominate five members to the legislative assembly beyond the sanctioned strength.

During proceedings before a division bench comprising Justices Sanjeev Kumar and Rajesh Sekhri, the petitioner requested additional time to file a rejoinder, noting that the respondents had now submitted their objections. The court accepted the request, permitting Sharma and others to file their rejoinder before the next hearing on September 26.

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