Jammu, 11 August (H.S.): Petitioner in the MLA nomination case, Advocate and Senior Congress leader Ravinder Sharma, said he will file a rejoinder to the reply submitted by the Government of India before the Jammu and Kashmir High Court fixes the date for the final hearing.

The matter is listed for August 14, when the prayer for fixing the date of the final hearing will be made and decided in open court. Senior Supreme Court Advocate Dr. Abhishek Manu Singhvi is representing the petitioner in the case.

Speaking to the media, Sharma said that the Government of India’s reply was filed at the eleventh hourafter several extensions and that the petitioner now has the right to respond.

“We shall examine the reply with our senior lawyers and then seek time to file a rejoinder before the court on the date fixed for the final hearing,” said Sharma, who is also a former MLC and the Chief Spokesperson of the Congress party.

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He explained, “As petitioner, he has challenged provisions of the Jammu and Kashmir Reorganisation Act that allow the Lieutenant Governor to nominate five MLAs without the aid and advice of the council of ministers, and in excess of the sanctioned strength of the J&K Assembly—114 members (90 elected and 24 reserved for PoJK).”

“The five nominations are over and above the total strength of 114, which is wrong,” Sharma contended. “Moreover, such nominations can turn a minority into a majority, or a majority into a minority, which goes against the basic structure of the Constitution.”

The High Court has framed a key question of law: whether these provisions of the Reorganisation Act violate the basic structure of the Constitution. The court had directed the Government of India and the Lieutenant Governor to file their replies—now submitted after a long delay.

Sharma reiterated that the petitioner has the right to file a rejoinder, after which the PIL will be taken up for final hearing by the court on August 14.

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Hindusthan Samachar / Krishan Kumar