Dissolution of Assembly is Constitutional - Early Times Newspaper Jammu Kashmir

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Dissolution of Assembly is Constitutional

11/23/2018 11:12:17 PM

Omkar Dattatray

Governor Satya Pal Mallik
has done right and constitutional by dissolving the J&K assembly which was under animated suspension from the past five months. Dissolution of the assembly was the best course & option available to the governor under the J&K constitution and the gubernatorial head of the state and government under governor's rule has used this option to dissolve the assembly as per the best precedents and constitutional proprietary in vogue and thus dissolution of the assembly is correct, legal and constitutional. J&K politics or for that matter the politics in other states of India is murkier where the contenders to power are using all underhand means and methods to form coalitions with the only motive of assuming power by hook or crook and not in the interest of the people. In Jammu and Kashmir murkier politics, horse trading and formation of unholy alliances is not alien but has unfortunately became a part and parcel of the politics and no one can deny it and more so the head of the state Governor Malik. For some time now there were speculations of something been cooked behind the curtains not only by the several political parties of PDP, NC and congress but the right wing political party - BJP was also doing something behind the scene along with Sajad Gani Lone who has only two members in his personal kitty. For the last give months no political party or combination of parties has staked claim to form a government in the sensitive state of J&K and the present governor has to continued to kept the assembly in suspended animation to see if there were any possibilities of forming a stable and a lawful government in the state. But nothing of the sort happened. But at the end of the day when the governor's rule was about to end in just a month's time some underhand measures and horse trading was adopted to form a combination to cobble an unholy and unstable government in the lust for power which has intoxicated different political parties in J&K. There were last minute efforts to stitch an alliance of the arch rival parties of NC, PDP and Congress which are poles apart and in the greed for power and to form an unstable dispensation they were coming together and had staked claim to form government. Both PDP, NC and Congress on one hand & the Sajad Gani Lone's People's Conference on the other hand had staked claim to form government. PDP, NC and Congress combine had claimed support of 56 members and Sajad Gani Lone had staked claim with the support of 25 members of the BJP and some 18 other members to form government. However, Governor Malik had acted impartially and as per the provisions of J&K constitution and has rightly dissolved the assembly and has thus discouraged horse trading, defections and underhand means in cobbling any unholy alliance and thus has he acted in the best interests of the state and its people. He has not sided with any of the contenders in their murkier way of gaining power and forming government. Stitching unholy and fragile alliances is the history of J&K state politics and the present efforts of cobbling the coalitions through horse trading and the allegations of money changing hands and intimidation to the members are the examples of unholy practices in the run up to form coalition in the state which has rightly been halted by the governor of the state. What governor has done is correct, constitutional, valid and legal and all should appreciate the unbiased and impartial decisions of the governor who has dissolved the suspended assembly in the best traditions precedents and practices of constitutional propriety and thus those who criticize the decision of governors are only power opium and greedy politicians who seem to have no regard for the interests of the people. It is rightly said, "Der aaye Durust aaye" which translates into "better late than never" and thus governor had done his constitutional duty and safeguarded democracy by ordering dissolution of the assembly because assembly can't and should not be kept under suspended animation for long time. There is no precedent and constitutional mandate to keep the assembly in suspended animation for long when no political party or a combination of parties is unable to form a government. JKNPP Supremo Harsh Dev Singh was advocating, demanding and protesting rightly for the dissolution of the suspended assembly and is proved right and his stand was vindicated when governor dissolved the assembly. But dissolution of the suspended assembly has irked Mahbooba Mufti of PDP, Omar Abdullah the vice president of NC and Gulam Ahamad Mir the state president of Indian National Congress and their political outfits have criticized the right and constitutional decision of dissolving assembly which governor has done in the best interests of the state has saved the people of the state from one more ideologically opposite and the arch rival combination of PDP, NC and Congress on one hand and the Sajad Gani Lone's Peoples Conference and BJP on the other to stitch an unholy alliance. Without favoring any of the sides' governor has worked as per the mandate and according to his conscience and has dissolved the suspended assembly which in the final analysis will pave way for the fresh polls in due course of time. Earlier, two former CM's Omar Abudullah of NC and Mehbooba Mufti of PDP and the congress president Mir were demanding dissolution of the state assembly but what a U-turn and Volte face when they are now opposing the decision of governor to dissolve the assembly? What a double speak and ridiculous? NC, PDP and congress is shamelessly criticizing the constitutional decision of Governor which has no valid and sound basis. These political parties and their satraps are leveling unfounded charges and are criticizing governor and have even said that governor has dissolved assembly on behest of Delhi and the instructions from BJP. It is an unfounded allegation and should not have been leveled against the governor who has defended democracy and has insulated it from the mal-practices and horse trading, as the political parties were in hurry to form unstable and unholy arrangement to stitch the fragile government which was not in the best interests of the state. It is the governor's privilege and prerogative to dissolve the house. When the political party or a combination of parties is able to form a government and he has rightly followed the constitution and has dissolved the assembly. He has not even favored the BJP and Lone's claim to form government, Government has acted impartially and without any bias. But the dissolution of the assembly has kept the power hungry political parties and their satraps in political quagmire and thus as they leveling charges, criticizing and questioning governor which has no foundation at all. The governor has dissolved the assembly in exercise of powers conferred upon him by clause(b) of sub section(2) of section 53 of the constitution of J&K and thus has he acted as per the dictates of the state's constitution and as per his conscience and therefore the criticizm of his decision has no basis at all. BJP and Janta Dal United have welcomed the decision of Malik dissolution of assembly. So there were mixed reactions to the decision of the dissolution of the assembly. Moreover, in the unholy cobbling of the alliance Jammu and Ladakh divisions seem not to be represented at all. Therefore, the claim of staking coalition government smelled of regional bias. But one thing is certain that the dissolution of the assembly will save crores of rupees which are expended and accrued in the big salaries and other perks and benefits of the legislators in suspended assembly and in this regard also dissolution was the only right course. Dissolution of the assembly has poured water on the selfish political maneuvering and machination of the so called contenders of power and hence they criticize the decision of the governor. Otherwise dissolution of assembly is constitutional legal and right.

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