NEW DELHI: Supreme Court Monday refused to entertain a plea challenging the power of LG of J&K to nominate five members to assembly of J&K and asked the petitioner to approach HC to raise the issue.
“We are not inclined to entertain the present petition under Article 32 of the Constitution and give liberty to the petitioner to approach the jurisdictional HC by way of writ petition under Article 226 of the Constitution,” court said.
Pressing for a hearing, senior advocate Abhishek Manu Singhvi appearing for petitioner Ravinder Kumar Sharma, said such nomination by unelected LG can throttle the electoral verdict and pleaded the court to decide the issue.
He said that elected mandate could be nullified by the LG and electoral verdict of numbers can be negated.
But the bench said the LG had not exercised the power and told the petitioner that he could approach SC in case LG exercises his power and HC refuses to stay the decision.
“We are not inclined to entertain the present petition under Article 32 of the Constitution and give liberty to the petitioner to approach the jurisdictional HC by way of writ petition under Article 226 of the Constitution,” court said.
Pressing for a hearing, senior advocate Abhishek Manu Singhvi appearing for petitioner Ravinder Kumar Sharma, said such nomination by unelected LG can throttle the electoral verdict and pleaded the court to decide the issue.
He said that elected mandate could be nullified by the LG and electoral verdict of numbers can be negated.
But the bench said the LG had not exercised the power and told the petitioner that he could approach SC in case LG exercises his power and HC refuses to stay the decision.
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