Srinagar, Aug 13: Two separate petitions—one seeking the restoration of Jammu & Kashmir’s special status, and another challenging the nomination of five MLAs—are listed for hearing in the Supreme Court and the Jammu & Kashmir High Court, respectively, on Thursday.
As per news agency—Kashmir News Observer (KNO), the Supreme Court will tomorrow hear pleas seeking restoration of Jammu and Kashmir’s statehood. “The case is listed at serial number 9 before the bench headed by Chief Justice of India,” advocate Soayib Quershi told KNO.
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Two separate petitions- one filed by Zahoor Ahmad Bhat(lawyer and academician) and Khursheed Ahmad Malik( socio- political activist) and another by Irfan Hafiz Lone(MLA Wagoora- Kreeri) are listed for hearing before the CJI-led bench.
Meanwhile, the petition challenging nomination of five MLAs is also listed for hearing before J&K High Court tomorrow. As already reported by KNO, the Ministry of Home Affairs has informed Jammu & Kashmir High Court that nomination of five MLAs of Jammu & Kashmir Assembly falls outside the purview of the elected government and is to be made by the Lieutenant Governor without aid and advice of the council of ministers.
“Sections 15, 15A and 15B all recognize the power and authority of the Lieutenant Governor to make a nomination to the Legislative Assembly. Accordingly, there can be no manner of doubt that it is the Lieutenant Governor who has to exercise this statutory duty in his discretion, as a statutory functionary and not as an extension of the government, thus, without aid and advice,” reads the affidavit filed by MHA through Vishal Sharma, Deputy Solicitor General of India.
While Section 15 of the Reorganisation Act empowers the Lieutenant Governor to nominate two women to the Assembly if he feels that they are not adequately represented, Sections 15A and 15B confer upon him the authority to nominate two Kashmiri migrants and one Pakistan-occupied Jammu & Kashmir (PoJK) refugee, respectively—(KNO)
