Jammu, August 11: Petitioner in the MLA nomination case Mr Ravinder Sharma advocate has said that he shall file rejoinder to the reply filed by the GOI in the petition before the final hearing to be fixed by the J&K High court.
August 14th is Next date in the case ,when the prayer for fixing the date for final hearing shall be made & fixed in open court.Senior Supreme Court Advocate Dr Abhishek Manu Singhvi is appearing for the Petitioner in the case.
Replying to the queries by the media persons, after the contents of the reply filed by the UOI were reported in various newspapers, tody, the Petitioner in the case Mr Ravinder Sharma Adv and former MLC, who is also Chief Spokesperson of the Congress party, said that the reply of the respondents in the case has been filed on the eleventh hour, after several opportunities and now the Petitioner has the right to file rejoinder to their objections. We shall examine the reply with our Senior lawyers and decide and seek time to file rejoinder, before the court fixed the date for final hearing. The next date is fixed on 14th August before the court when submissions shall be made for fixing next date for final hearing, after completing pleadings.
Petitioner has challenged the provisions of Reorganisation Act regarding nomination of five MLAs by the Lt Governor without taking aid & advise of council of ministers and over and above the sanctioned strength of J&K Assembly, which us totall 114(90 elected and 24 reserved for POJK ).The five nominations are over and above the total strength of 114,which is wrong contended Petitioner .
Moreover five nominations can convert a minority number to majority and majority in elections to minority,thus against the basic structure of the Constitution, Petition contends.
The Hon’ble High court has framed a question of law, whether these provisions of the Reorganization Act are contrary to the basic structure of the constitution and had asked the respondents GOI and Lt Governor to file reply which has been filled now after long delay.
Petitioner has the right to file rejoinder and thereafter PIL shall be fixed for final hearing by the court.
The case shall now come up on 14 th August.
