- Sponsored -
The Supreme Court on Monday dismissed a petition challenging Jammu and Kashmir governor Satyapal Malik’s decision dissolving the state Assembly last month.
- Sponsored -
Hearing the plea today, the court said that the dissolution of the assembly was a decision by the governor and it did not wish to intervene in it.
“We are not inclined,” the top court said, responding to a petition filed by Bharatiya Janata Party (BJP) leader Gangan Bhagat, challenging Malik’s decision to dissolve the assembly.
“It is the constitutional convention to invite parties claiming majority to prove it on the floor of the house by holding floor test. The Governor has no power, whatsoever, to deny such an opportunity to such parties by dissolving the assembly in haste and without following the democratic process,” the petition stated.
“PDP being the single largest party which claimed the majority with the support of other parties (should have been) invited by the Governor to prove majority by holding floor test. The Sarkaria Commission report specifically dealt with the situation where no single party obtained absolute majority,” it added.
Satyapal Malik had kept the state assembly suspended for more than five months after BJP broke its alliance with People’s Democratic Party (PDP).
Later, when PDP president Mehbooba Mufti and People’s Conference chief Sajad Lone proposed to stake a claim to form the government, Malik dissolved it, citing impossibility of forming a stable government by the coming together of political parties with opposing political ideologies.
It is to be noted that, the petition was filed by BJP leader Ganggan Bhagat, who had termed the governor’s decision as arbitrary and illegal and had requested the court to quash it with a directive to the governor to hold a floor test.
However, Bhagat represented RS Pura constituency of Jammu in the recently dissolved assembly.
Also read: J&K Governor Satya Pal Malik: I don`t know when I will be transferred from here
- Sponsored -