SC Dismisses PIL against the Dissolution of the J&K Assembly

Team SoOLEGAL 10 Dec 2018 4:30pm

SC Dismisses PIL against the Dissolution of the J&K Assembly

A Supreme Court bench of CJI Ranjan Gogoi and Justice S K Kaul today dismissed a plea challenging the dissolution of the Jammu and Kashmir (J&K) Assembly by Governor Satya Pal Malik.

We are not inclined to interfere (with the decisions of the Governor),” the bench said.

The top court’s remark came while hearing a plea filed by BJP leader, Gagan Bhagat, who was an MLA prior to the Assembly being dissolved.

Case background:

The J&K Assembly was in suspended animation when it was abruptly dissolved by the governor on November 21, just hours after the People’s Democratic Party (PDP) staked claim to form a government with the support of its opposition parties – National Conference and the Congress.

The dissolution of the Assembly was followed by another bid from the two-member People’s Conference, which claimed the support of the BJP and 18 legislators from other parties.

PDP president Mehbooba Mufti wrote to the governor that her party, which has 29 MLAs, was backed by the National Conference and the Congress having 15 and 12 legislators, respectively.

The dissolution was announced by Malik in a communique released by the Raj Bhavan.

The 6 month tenure of governor’s rule, which ends on December 18, will be followed by the president rule. The state assembly’s tenure was till October 2020.

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

Source: LiveLaw

Tagged: Governor Satya Pal Malik   Jammu and Kashmir Assembly   Jammu and Kashmir   Mehbooba Mufti   Supreme Court  
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