BHUSHAN LAL BHAT Vs. STATE OF J&K

JUDGEMENT

(1.) ON the demise of Sh. H.S. Bali before serving the complete tenure as Member of the Jammu & Kashmir Legislative Council, the said seat fell vacant and a casual vacancy became available on 18.2.2000 (AN) in terms of the Bulletin Part -II No: LB/NEW/T -1/2000/LC dated 21.2.2000. The petitioner came to be nominated as Member of the Jammu & Kashmir Council against the seat fallen vacant on 18.2.2000 by Shri Girish Chandra Saxena, Governor of Jammu & Kashmir State vide notification dated 28.2.2000. For facility of reference, the notification, is reproduced below: "GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT LAW DEPARTMENT. The following notification of the Government is hereby published for general information. NOTIFICATION JAMMU, THE 28TH FEBRUARY, 2000. SRO 30 -In exercise of the powers vested in me under sub -section (6) of section 50 of the Constitution of Jammu and Kashmir, I, Girish Chandra Saxena, Governor of Jammu and Kashmir, hereby nominate Shri Bushan Lal Bhat son of Late Shri Sham Lal Bhat, resident of Bajbehara (Anantnag) Kashmir, as Member of the Legislative Council against the seat fallen vacant on 18th February, 2000. (Girish Chandra Saxena)"

(2.) A Bulletin Part -II in respect of nomination of the petitioner - Bushan Lal Bhat, also came to be issued, whereby it was published for general information relating to Parliamentary and other matters about the nomination of the petitioner as Member of the Jammu & Kashmir Legislative Council, by the Governor. A retirement list of the Members of Jammu & Kashmir Legislative Council was issued, showing the names of the members, their nomination, date of notification and the date of retirement. Against the name of the petition, recorded date of retirement is 15.10.2002 in the said list. According to the petitioner, the became nominated Member of Jammu & Kashmir Legislative Council w.e.f. 29.2.2000 for a term of six years which is to expire on 28.2.2006.

(3.) THE sole grievance of the petitioner is that his term as Member of the Jammu & Kashmir Legislative Council has been wrongly determined as 15.10.2002 and approached the Court seeking its quashment by issuance of a writ of certiorari and further directing the respondents to allow the petitioner to continue as nominated Member of the Jammu & Kashmir Legislative Council till 28.2.2006.