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Jammu-Kashmir polls: Why LG will nominate 5 members to Assembly. Explained

The Congress, National Conference (NC) and the PDP have opposed this potential move, calling it an assault on democracy. These five nominated members will have the same powers as other MLAs

vote, election, voting, J&K Election, Polls, Jammu Election

Jammu: West Pakistani Refugees (WPRs) show their inked fingers after casting their votes during the third and final phase of Jammu & Kashmir Assembly elections, in Jammu, J&K, Tuesday, Oct. 1, 2024. (Photo: PTI)

Nisha Anand New Delhi

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A day ahead of the counting of votes for the Jammu and Kashmir Assembly elections, a political slugfest has erupted over reports that the lieutenant governor would appoint five members to the Assembly before the formation of the government in the union territory.

The Congress, National Conference (NC) and the PDP have opposed this potential move, calling it an assault on democracy. These five nominated members will have the same powers and voting rights as other MLAs.

Elections in Jammu-Kashmir were held in three phases from September 18 to October 1, marking the first polls since Article 370 was revoked in 2019. The Centre had also split the erstwhile state into two UTs: Jammu and Kashmir and Ladakh.
 

Why will J–K LG nominate 5 members to the Assembly?

When the region was reorganised under the Jammu and Kashmir Reorganisation Act, 2019, the Act featured a Section, according to which the Lieutenant Governor of the successor Union territory of Jammu and Kashmir “may nominate two members to the Legislative Assembly to give representation to women.” This provision would be exercised by the LG if they felt that the Assembly lacked adequate representation of the women.

This Act was amended in 2023. The new amendment to the Act introduced section 15A, which said: “Notwithstanding anything contained in Sub-section (3) of Section 14, the Lieutenant Governor of the Union territory of Jammu and Kashmir may nominate not more than two members, one of whom shall be a woman, from the community of Kashmiri migrants, to the Jammu and Kashmir Legislative Assembly”.

Opposition criticises nomination move

Under the revised Act, Section 15B says, “Notwithstanding anything contained in sub-Section (3) of Section 14, the Lieutenant Governor of the Union territory of Jammu and Kashmir may nominate one member from displaced persons from Pakistan occupied Jammu and Kashmir to the Jammu and Kashmir Legislative Assembly.”

The Opposition has contended that the move violates the people’s mandate. National Conference President Farooq Abdullah said his party would go to the Supreme Court if such a decision was taken.

Exit poll prediction for the UT, released on October 5, projected that the NC-Congress, which contested the poll in an alliance, is likely to have an upper hand in Jammu-Kashmir.

[With inputs from PTI]

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First Published: Oct 07 2024 | 5:06 PM IST

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