J-K Polls: Will 5 LG-Nominated MLAs Tip Scales In Favour Of BJP In Hung Assembly Scenario? Fresh Row Erupts

Jammu-Kashmir LG Manoj Sinha's move to nominate 5 BJP leaders to the Assembly, could bolster the party's chances in forming a govt. This move is slammed by the Congress, NC, and PDP, who threaten to move SC.

Jammu-Kashmir Election 2024: A heated debate has erupted over Lieutenant Governor Manoj Sinha's power to nominate five members to the Jammu and Kashmir Assembly on the eve of the vote count. The Jammu and Kashmir unit of BJP claimed that all five nominated members will come from its ranks, signalling an advantage to the party for the upcoming government formation in the union territory.

BJP Vice-President Sofi Yusuf revealed the names of the nominees: Ashok Kaul, Rajni Sethi, Sunil Sethi, Dr Fareeda Khan, and Sanjita Dogra. He emphasised that, with the BJP in power at the Centre, the decision to nominate party members had already been made.

"Thappa lag gya hai (It has been confirmed)," he could be heard saying to media in a video posted by J&K Congress as the party termed the move an "open misuse of the institution and the Centre’s powers to alter the mandate."

Jammu-Kashmir: NC, Congress, PDP Threaten To Move SC As Nominated Members Can Be Advantageous To BJP

However, this move has drawn sharp criticism from opposition parties, including the Congress, its ally the National Conference (NC), and the People's Democratic Party (PDP). These parties have threatened to approach the Supreme Court, questioning whether the LG can exercise this power during government formation without the aid and advice of the council of ministers.

At the core of the controversy is the concern that the nominated members could play a decisive role in the event of a hung assembly. The counting of votes for the three-phase Assembly elections, marking Jammu and Kashmir's first elected government since the abrogation of Article 370 in 2019, is set to take place on Tuesday.

With the five nominated members, the total strength of the Assembly would rise to 95, pushing the majority mark to 48.

Several exit polls have predicted an advantage for the Congress-NC alliance, with the NC projected to emerge as the single largest party. However, the five nominated members, who will enjoy the same powers and voting rights as other MLAs, could potentially tilt the balance in the BJP's favour.

Legal experts have expressed divergent opinions on the issue. According to news agency PTI, Supreme Court advocate Ashwani Kumar Dubey pointed out that the Jammu & Kashmir Reorganisation Act 2019, as amended in 2023, is unclear on whether nominated MLAs can have a role in government formation. On the LG’s powers, retired Delhi High Court judge Justice S.N. Dhingra stated that the matter remains premature and depends on the actual poll results.

National Conference president Farooq Abdullah strongly opposed the move, warning that his party would take the matter to the Supreme Court. “The LG should first of all stay away from this process as a government is being formed. It is for the government to nominate people and send it (nominations) to the LG. That is the normal procedure. What they want to do, I do not know. However, if they do it, we will go to the Supreme Court,” Abdullah said in Srinagar, as quoted by PTI.

Echoing Abdullah's concerns, Jammu and Kashmir Congress chief Tariq Hamid Karra condemned the nominations as an attempt to "rig the poll results," undermining the democratic mandate. PDP leader Iltija Mufti expressed similar sentiments, calling the move undemocratic.

Meanwhile, Jammu and Kashmir BJP chief Ravinder Raina defended the LG’s power to nominate members, stating that it is being done in accordance with the Jammu and Kashmir Reorganisation Act. Raina confidently predicted that the BJP would secure 35 seats and form the government with support from like-minded and independent candidates.