J&K MLAs’ nomination case adjourned to Feb 6

Jammu, Dec 18: High Court of Jammu & Kashmir and Ladakh Thursday adjourned the hearing of the Public Interest Litigation (PIL), challenging the provisions of the J&K Reorganisation Act 2019, authorising the Lieutenant Governor to nominate five MLAs to the J&K Legislative Assembly, over and above its (assembly’s) sanctioned strength, to February 6, 2026.

The case was adjourned by the Division Bench, comprising Justice Sanjeev Kumar and Justice Rajesh Sekhri, on the request of the senior counsel for the Union of India.

When the matter on Thursday, December 18, 2025, came up for final hearing before the Division Bench at Srinagar, the petitioner Ravinder Kumar Sharma, who was personally present in the court, was informed that there was a request for adjournment from other side as Tushar Mehta, the Solicitor General was stated to be unavailable because of his pre-occupations.

Upon this, Sharma, an advocate and a former MLC, mentioned that they had no prior information and the petitioner side was ready for arguments. Senior advocate of Supreme Court P C Sen was ready for arguments on virtual mode from Delhi, the court was apprised by Sharma.

However, in view of the request from the respondents, the court has fixed the next date for final hearing on February 6 as there are court vacations in the month of January.

The pleadings in the petition, challenging the provisions of nominations of five MLAs to the J&K Legislative Assembly by virtue of sections 15, 15-A and 15-B, inserted in the J&K Reorganisation Act, 2019, vide amendment made in December 2023, are complete as the respondents – Government of India and the Lieutenant Governor’s office have already filed the reply opposing the petition and justifying the provisions of the nomination of five MLAs by the Lieutenant Governor.

Sharma, who is also the chief spokesperson of J&K Pradesh Congress Committee (JKPCC), has challenged the relevant provisions of the J&K Reorganisation Act, providing for nomination of five MLAs by the Lieutenant Governor, over and above the sanctioned strength of the Legislative Assembly of J&K, with full voting rights.

His argument is that this provision has the potential of converting a minority government into majority government, thus is against the basic structure of the constitution.