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| Harsh Dev files petition with President of India seeking dissolution of JK Assembly | | | Early Times Report
Jammu, Nov 5: Describing the prolonged suspension of JK Assembly for more than 4 ½ months as unconstitutional, Harsh Dev Singh JKNPP Chairman and Former Minister today filed a petition with Rashtrapati Bhawan, New Delhi seeking the indulgence of the President Ram Nath Kovind for immediate dissolution of the House in conformity with the rule of law and provisions of the constitution.
The petition stated as under:- "the J&K Assembly has now been kept in suspended animation for the last around 4 ½ months in the state of Jammu and Kashmir in utter defiance of all logic and rationale and in contravention of the legal provisions over the subject. The Assembly was placed under suspended animation on June 19, 2018 after the fall of PDP-BJP Govt and thereafter continues to remain in that state despite the inability of any political party or combination of parties to muster the requisite strength needed for formation of new govt. And different political parties have further indicated their dis-inclination to form the govt in the state leaving only one option for the Governor to dissolve the suspended House, which unfortunately has not been exercised thus requiring the kind indulgence of your honour as the constitutional head of the country. Your honour may appreciate that suspension of Assembly can't be allowed for indefinite period. It was supposed to be a temporary period to give opportunity to various political parties to delineate their respective stands with regard to govt formation in the state. And if none of the parties or combination of political parties was in a position to form the govt, the only alternative was to dissolve the Assembly. And such being the position of law as well as the precedents over the subject, it was highly unjustified to prolong the suspension process. And not only the legal position and precedents on the subject, even the Justice Sarkaria Commission had recommended immediate dissolution of Assemblies, where a party or combination of parties failed to muster the magic numbers, without any loss of time. |
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