SC refuses to entertain plea against LG's power to nominate 5 MLAs in J-K assembly
New Delhi, Oct 15: The Supreme Court on Monday refused to entertain a plea challenging the power vested in the Jammu and Kashmir Lieutenant Governor (LG) to nominate five members to the Legislative Assembly of the union territory.
A bench of Justices Sanjiv Khanna and Sanjay Kumar asked the petitioner Ravinder Kumar Sharma to approach the high court.
"In cases where we have entertained a petition at the first instance, we find that many things are left out," the bench said as it gave liberty to the petitioner to approach the high court.
In the recently concluded election, Jammu and Kashmir National Conference-Congress alliance got a majority with 48 seats in the 90-member assembly.
The bench said it is not inclined to entertain the petition under Article 32 of the Constitution and clarified that it has not expressed any opinion on the merits of the issue.
Senior advocate Abhishek Singhvi, appearing for the petitioner, said that such nomination could throttle the electoral verdict and it was an issue, which dealt with the basic structure of the Constitution.
"We are three above the majority. The total of all the others is 42. If you nominate five, they become 47 and I become 48. You have to only get one more person…You can easily nullify the elected mandate. The electoral verdict of numbers can be negated…," submitted Singhvi.
Justice Khanna said that the said power of the LG had not been exercised as of now and the petitioner should approach the high court first.
CPI (M) leader Mohammad Yusuf Tarigami, whose party was in alliance with the National Conference and Congress also won the election from Kulgam constituency.
Several other independents and lone Aam Aadmi Party MLA has also extended support to the National Conference-Congress alliance.
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Will vacate one of two assembly seats won in 10 days: BJP''s Suvendu
Kolkata (PTI): BJP leader Suvendu Adhikari, who defeated West Bengal Chief Minister Mamata Banerjee in Bhabanipur and secured Nandigram for three times in a row in the recent assembly polls, said on Wednesday that he would vacate one of the two constituencies within 10 days.
Adhikari also asserted that the party's central leadership would decide which constituency he would retain.
"I will vacate one seat within 10 days. The party will decide which one I retain. I will not forget my responsibility towards the people of Bhabanipur and Nandigram," he said.
Adhikari on Monday defeated Banerjee in Bhabanipur by over 15,000 votes, puncturing what was long seen as her safest political refuge and delivering a decisive psychological blow to the TMC, amid a sweeping BJP surge across West Bengal.
Addressing party workers and supporters in Nandigram in Purba Medinipur district, the BJP leader appealed to them not to take out victory processions immediately and instead maintain peace.
"Do not take out victory rallies now. Maintain peace and discipline. Celebrate after May 9, after taking permission," he told party workers.
State BJP president Samik Bhattacharya on Wednesday announced that the oath-taking ceremony of the new government will be held on May 9 at Brigade Parade Ground.
Referring to alleged attacks on BJP workers during the TMC regime, Adhikari said he would not forget the “atrocities" faced by them and assured them of taking appropriate action against perpetrators through legal processes.
"I was part of the 2011 ‘poribartan’ (change), and now I am part of the real change. I offer my gratitude to the people of Nandigram," Adhikari said.
He was referring to the TMC's victory in 2011 when the Mamata Banerjee party dismantled the 34-year Left Front regime in the state.
Adhikari offered prayers at a Hanuman statue in Nandigram and remembered the BJP workers, who had died in political violence.
"We will work in such a way that the BJP government in Bengal stays for 100 years," he said, expressing hope that the BJP’s vote share in the state would rise from the current 46 per cent to 60 per cent in future elections.
The BJP leader also assured residents of Nandigram of improved drinking water supply and better hospital and education infrastructure.
