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Court was of the view that the power being objected to has not been exercised yet
The Supreme Court today refused to entertain a plea challenging the Lieutenant Governor's decision to nominate 5 members to the Union Territory's Assembly.
A bench of Justices Sanjiv Khanna and PV Sanjay Kumar refused the plea filed by Ravinder Kumar Sharma, asking him to approach the High Court of Jammu and Kashmir and Ladakh.
Court further noted that the petition seemed to have been filed before election results were announced
Senior Advocate Abhishek Manu Singhvi appeared for the petitioner. Singhvi argued that said nomination by an unelected Lieutenant Governor would throttle the electoral decision.
A nomination by the Central government would mean a person who won the election would be negated, court was further told.
Jammu and Kashmir Reorganisation Act of 2019 envisages the nomination of five or more MLAs by the LG to represent the displaced Kashmiri people and those from Pak-occupied Kashmir (PoK).
The petition challenged Sections 15, 15A and 15B of the J&K Reorganisation Act, 2019. It argued that Sections 15, 15A and 15B of the Act go beyond the constitutional limits by increasing the assembly's sanctioned strength from 114 to 119 members without amending the law.
Case Title: RAVINDER KUMAR SHARMA vs. LIEUTENANT GOVERNOR OF JAMMU AND KASHMIR
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