India, Aug. 12 -- The Ministry of Home Affairs has informed Jammu & Kashmir High Court that nomination of five MLAs of Jammu & Kashmir Assembly falls outside the purview of the elected government and is to be made by the Lieutenant Governor without aid and advice of the council of ministers.

In a preliminary affidavit reply submitted to J&K High Court, the MHA has stated that J&K Reorganisation Act explicitly confers upon the LG the statutory authority to nominate members to the Legislative Assembly.

"Sections 15, 15A and 15B all recognize the power and authority of the Lieutenant Governor to make a nomination to the Legislative Assembly. Accordingly, there can be no manner of doubt that it is the Lieutenant Governor who has to exercise...