SC rejects BJP rebel’s plea against House dissolution

Tribune News Service

New Delhi, December 10

The Supreme Court on Monday dismissed a PIL challenging J&K Governor Satya Pal Malik’s decision to dissolve the Assembly last month.

“We are not inclined to interfere (with the decision of the Governor),” said a bench headed by Chief Justice of India Ranjan Gogoi dismissing the petition filed by BJP leader Gagan Bhagat, who was an MLA in the dissolved Assembly.

Unlike other states, the Assembly in Jammu and Kashmir has six-year tenure but the Governor chose to dissolve it on November 21, two years before its term was due to expire. Currently, the state is under Governor’s rule which ends on December 18. This will be followed by President’s rule.

Governor’s rule was clamped in the state on June 19 this year for a six-month period following the collapse of the Mehbooba Mufti-headed PDP-BJP coalition government after the saffron party withdrew support. The Assembly was kept in suspended animation so that political parties could explore the possibility of forming a new government.

The Assembly was suddenly dissolved by Malik, hours after the PDP staked claim to form a government with the support from the National Conference and Congress.

Thereafter, the two-member People’s Conference also staked claim to form a government with the purported support of the BJP and 18 legislators from other parties.

PDP chief Mehbooba Mufti had written to the Governor that her party having 29 MLAs had the support of National Conference (15 MLAs) and Congress (12 MLAs). But Malik chose to dissolve the Assembly.