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Experts question Raj Bhavan on inviting two parties simultaneously on govt formation
12/30/2014 11:44:56 PM
Bashir Assad
Early Times Report
Jammu, Dec 30: As PDP president, Mehbooba Mufti arrived in Jammu today evening to meet the Governor N N Vohra tomorrow, constitutional experts have questioned the decision of Raj Bhavan to invite two parties in one go for government formation.
PDP president, Mehbooba Mufti arrived in Jammu this evening. She is scheduled to meet Governor N N vohra tomorrow to discuss the government formation in Jammu and Kashmir after the recent elections threw a fractured mandate.
A two-member BJP delegation today met Vohra to discuss government formation in the state and later said it would submit a formal proposal to him on January 1.
However, the legal and constitutional experts have described, the move of inviting the two major parties in one go for discussion on government formation, against the set procedure. "The Raj Bhavan was bound to follow the precedence of inviting the single largest party for the government formation. In case the largest party refuses to form the government, only then the second largest political party has to be invited," said a senior Lawyer and constitutional expert wishing anonymity.
He said if the single largest party so emerged in the elections accepts the invite and takes oath of office, it has to prove the confidence of the house in the assembly. If the party loses the vote of confidence, in that case there is a set precedence to invite the second largest party to form the government.
It was against the set procedure and the precedence to invite two parties simultaneously for discussion on government formation, said the constitutional expert.
However, a senior lawyer of Jammu Bar Association, Anita Tikoo while endorsing the move of Rajbhavan to invite both PDP and BJP for discussion on government formation said that there is a deadlock due to the fractured verdict as such Governor was within his rights to invite both the parties simultaneously for discussions.
She said that the Governor has to look beyond the precedence when sensitivity is involved. She said the Governor has done a wise thing by inviting both the parties representing the aspirations of the two distinct regions.
PDP is divided over alliance with BJP. Meanwhile, reports from Srinagar said that PDP legislators today were split on forging an alliance with BJP for government formation. Sources said that PDP legislators were divided on the option of forming a government with the rightwing BJP.
Sources privy to the development said PDP patron Mufti Mohammad Sayeed gave audience to all his MLAs and senior leaders one-on-one to get their feedback on the issue.
Sources said that at least 10 out of 28 newly elected MLAs do not favour a PDP-BJP alliance. They said though former Deputy Chief Minister, Muzaffer Hussain Beigh and many other senior leaders expressed their views in favour of a PDP-BJP alliance, however, the youngsters particularly the first timers were against the idea. They said that Mufti heard his MLAs and party leaders but interestingly did not suggest anything to them. "He kept his cards close to his chest," sources said.
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