New Delhi. The Supreme Court refused to hear the petition against the decision of Lieutenant Governor (LG) Manoj Sinha to nominate 5 MLAs in the Jammu and Kashmir Assembly. The top court has advised the petitioner to approach the High Court. The Supreme Court bench comprising Justice Sanjiv Khanna and Justice Sanjay Kumar said it was not inclined to consider the matter and asked the petitioner to first approach the Jammu and Kashmir and Ladakh High Court. Senior advocate Abhishek Manu Singhvi appeared on behalf of petitioner Ravinder Kumar Sharma before the two-judge bench.
#SupremeCourt declines to entertain a petition assailing J&K Lieutenant Governor’s proposed decision to nominate 5 members to the J&K Assembly
Bench: Justices Sanjiv Khanna and Sanjay Kumar pic.twitter.com/KpoCjTvjt8
— Live Law (@LiveLawIndia) October 14, 2024
In the Jammu and Kashmir Assembly elections, elections were held on 90 seats, out of which a majority of 46 seats is required to form the government. BJP has 29 seats. While National Conference won 42 seats. NC’s allies Congress and CPI(M) have 6 seats each. Aam Aadmi Party has captured one seat while PDP has captured 3 seats. Independent MLAs have won the remaining 8 seats. On the other hand, after the elections, Lieutenant Governor Manoj Sinha used his prerogative and nominated 5 MLAs. With this, the majority figure in the Assembly has increased from 45 to 48. Now controversy has erupted regarding these nominated MLAs.
A petition was filed in the Supreme Court against this decision of LG. However, the Indian alliance of National Conference, Congress and CPI(M) secured 49 seats in the Assembly, taking them above the majority mark of 48 seats even after nomination of 5 members. At the same time, 4 independent MLAs and one MLA from Aam Aadmi Party have also announced support to the National Conference. In this way, National Conference Vice President Omar Abdullah is fully prepared to take over the post of Chief Minister of Jammu and Kashmir.
