Jammu, Sep 26: High Court of Jammu & Kashmir and Ladakh Friday adjourned the MLA nomination case to October 16 for hearing, acceding to the request of the petitioner due to non-availability of his (petitioner’s) senior counsel. Petitioner Ravinder Sharma, former MLC and chief spokesperson of JKPCC, has challenged the powers of nomination of five MLAs to J&K Assembly by the Lieutenant Governor and the constitutionality of these provisions of nominations in the J&K Reorganisation Act.
Today, September 26, 2025, the case came up before the Division Bench of the High Court, comprising Justice Sanjeev Kumar and Justice Rajesh Sekhri, with a written request for short adjournment, in view of the non-availability of senior Supreme Court lawyer Dr Abhishek Manu Singhvi, representing the petitioner.
While allowing the request of the petitioner, represented by advocate D K Khajuria along with petitioner (Sharma) in person, the Court fixed October 16 as the next date for hearing. Ravinder Sharma, himself, is an advocate. Vishal Sharma Deputy Solicitor General of India (DSGI), counsel for Government of India and advocate S S Ahmed for intervenor Ravinder Singh also appeared in the case.
The PIL, challenging the provisions of Section 15, 15-A and 15-B, as inserted in the J&K Reorganisation Act, vide amendment dated December 15, 2023, authorising the Lieutenant Governor to nominate five MLAs, beyond the sanctioned strength of the J&K UT Assembly, was filed by Ravinder Sharma in October last year in the J&K High Court.
The special Division Bench of High Court admitted the matter after detailed hearing of both sides and framed an important question of law, which read – “Whether Sections 15, 15-A and 15-B of the Jammu and Kashmir Reorganisation Act 2019, making provision for nominating the members of Legislative Assembly over and above the sanctioned strength of the Legislative Assembly and which have the potential of converting the minority government into a majority government and vice versa, is ultra vires the constitution, being in violation of basic structure of the constitution.” The Government of India (respondent) filed its reply on the last date of hearing, defending the provisions and powers vested in the Lieutenant Governor of UT to nominate 5 members to the J&K Assembly.
