JAMMU, FEB 27: In a Public Interest Litigation filed by Shah Mohammad Choudhary a practicing Advocate and former member of J&K State Advisory Board for the development of Gujjar and Bakerwal, seeking quashing of the Notification / SRO No: 122 of 9th April, 2015 issued by the Secretary to Government, Department of Law, Justice and Parliamentary Affairs, J&K Government, by virtue of which, under Sub Section 6 of Section 50 of the Constitution of Jammu and Kashmir, Zaffar Iqbal Manhas, Ashok Khajuria, Vikramaditya Singh, Ramesh Arora, Saif-Ud-din Bhat, Ajatshatru Singh, Mohd. Khurshid Alam and Surinder Mohan Ambardar have been nominated as Members of the Jammu and Kashmir Legislative Council against the seats available in the said House.
In the PIL, petitioner has also sought quashing of the Bulletin-II dated 9th March, 2015 issued by the Secretary to Government, Department of Law, Justice and Parliamentary Affairs, J&K Government where-under Zaffar Iqbal Manhas, Ashok Khajuria, Vikramaditya Singh, Ramesh Arora, Saif-Ud-din Bhat, Ajatshatru Singh, Mohd Khurshid Alam and Surinder Mohan Ambardar have been nominated as Members of the Jammu and Kashmir Legislative Council against the seats available in the said House and also seeking declaring these nominations as Members of Jammu and Kashmir Legislative Council illegal, unconstitutional, unsustainable, null and void.
In the PIL it has also been submitted that treating the nomination of Zaffar Iqbal Manhas, Ashok Khajuria, Vikramaditya Singh, Ramesh Arora, Saif-Ud-din Bhat, Ajatshatru Singh, Mohd. Khurshid Alam and Surinder Mohan Ambardar as Usurpers to the Constitutional Public Position as they lack eligibility / qualifications prescribed under Sub Section 6 of Section 50 of the Constitution of Jammu and Kashmir for such nominations as Members of Jammu and Kashmir Legislative Council and also seeking direction to respondents to give due representation to socially and economically backward classes in the State, which was the mandate of constitution and intention of legislature.
The Division Bench of J&K High Court comprising Chief Justice N Paul Vasanthakumar and Justice Bansi Lal Bhat after hearing Advocate Shah Mohd Choudhary appearing for the PIL; Advocate General DC Raina appearing for the state besides Advocates Suneel Malhotra, Ajay Gandotra and Vikram Sharma appearing for the private respondents (nominated MLCs) issued direction for filing of reply by the private respondents, if any to be filed before Monday i.e. 29.02.2016 and copy of the same shall be handed over to the petitioner. (JNF)
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