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| Apex Court has vindicated constitutional authority of Governor | | | The Supreme Court has vindicated Governor,S.P.Mailk's authority as head of the constitution by dismissing a PIL challenging the dissolution of the Assembly. Whenver the state of Jammu and Kashmir comes under the Governor's rule the Governor has constitutional powers to keep the Assembly in suspended animation or dissolve the House.In fact the BJP led NDA Government wanted time for the BJP MLAs to support peoples' Conference Chairman, Sajjad Lone,to head a coalition Government. Had Sajjad Lone been able to get the requisite number of MLAs by this time he would have headed the coalition Government.
The Supreme Court has dismissed a PIL challenging the dissolution of the Jammu and Kashmir Assembly by Governor Satya Pal Malik."We are not inclined to interfere (with the decision of the Governor)," a Bench comprising Chief Justice Ranjan Gogoi and Justice S K Kaul said.The Bench was hearing a PIL filed by BJP leader Gagan Bhagat, who was an MLA before the Assembly was dissolved.In order to show that the BJP was not supporting Bhagat who has been expelled from the party.
The Jammu and Kashmir Assembly, which was in suspended animation, was abruptly dissolved by the Governor on November 21, hours after the People's Democratic Party (PDP) staked claim to form a government with the backing of rival National Conference and the Congress.This 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.When the BJP withdrew support to the PDP the then Governor,N.N.Vohra,a true bureaucrat acted on the advice of the BJP led NDA Government which,in fact,wanted the BJP another term for sharing power.
But S.P.Mailk as Governor followed the state constitution and dissolved the House in order to put an end to an era of Aaya Ram and Gaya Ram..Had he not dissolved the House either the PDP would hbave regained power with the help of the support of the Congress and the NC or Sajjad Lone would have headed a coalition with the BJP.This way the only way to end political instability was to go in for fresh Assembly election.
The Apex court has,by dismissing the PIL challenging the dissolution of the Assembly the Governor vindicated the supremacy of the Governor.It is for the first time that Malik has adhered to the provisions of the state constitution without fear.
By dissolving the House the Governor has turned the tide against turn-coats.That the dissolution of the House was challenged by a former BJP MLA,Gagan Bhagat, indicated that the BJP was keen to regain power. Had the BJP's mission succeeded it would have earned peoples' displeasure and the BJP would have lost peoples' support which was needed during the ensuing Assembly election.
In reality the BJP's bid to regain power had dimnished the strength of Sajjad Lone who was seen backing the BJP for its support to help Lone to head the Government.This way Sajjad Lone has been exposed. |
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