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| Vohra's action in surrendering land, shifting responsibility of yatra to govt. is illegal | | | Yash Bhasin
Jammu | July 3
Guest Coloumn
The action by the State Governor, N N Vohra, as Chairman of Shri Amarnath Shrine Board, to surrender 800 kanals of land allotted by the state government to the shrine board and asking the state government to take over the responsibility of conducting the yatra and providing the facilities, is illegal. It is violative of the relevant provisions of Jammu and Kashmir Shri Amarnath ji Shrine Act 2000 passed by the state legislature, in constituting Shri Amarnath Shrine Board.
The Chairman of the board viz the State Governor alone does not constitute the board. The board comprises of 10 members, including the Chairman, who is the Governor of the state if he is Hindu. Other nine members of the board are appointed by him. The Chairman on its own cannot take any decision or conduct the business of the board. Any decision of the board can be taken by a majority votes of the members and not exclusively by its Chairman. Sub section 3 of section 12 of the Act reads as "No business shall be transacted at any meeting unless at least 5 members are present." Sub section 4 of section 12 of the Act reads as "Every decision of the board shall, except as expressly provided by this Act, be passed by a majority of votes and in case of equality of votes, the person presiding shall have a second or casting vote."
No meeting of the board was called by the Chairman, viz the Governor N N Vohra to take the decision to right to the Chief Minister, surrendering the land and asking him for the responsibility of the arrangements and conduct of yatra be taken upon by the state government.
Out of 9 members to be nominated by the Governor to the board, two have to be eminent Hindus of Jammu and Kashmir. Accordingly justice G D Sharma, a former judge of J&K High Court, who is presently serving as Chairman of J&K State Consumer Protection Forum and Vishav Bandhu Shastri, a former Principal of Raghunath Sanskrit Pathshala, are nominated members of the board. Out of two women, of eminence to be appointed on the board, Mrs. Girja Mattoo, the mother of Vice Chancellor Jammu University, Amitabh Mattoo is one.
According to a prominent leader of Amarnath Yatra Sangarsh Smiti on their enquiry from these 3 members, non has stated of any meeting having been held, where the decision, as taken by the Governor, was taken. Nor were they ever consulted. Thus the Governor as Chairman of SASB has violated the Act and his action can be legally challenged. Amarnath Yatra Sangarsh Smiti, it is learnt, is contemplating to challenge the action of the Governor, the Chairman of SASB.
Under the duties of the board as provided in section 16 of the Act, sub section g reads as "To undertake for the benefit of worshipers and pilgrims, l) the construction of buildings for their accommodation; ll) sanitary work and lll) the improvement of means of communication. Accordingly taking of the land for use to provide facilities to the pilgrims is the responsibility of the board, which it cannot alienate to any other body.
Further since Shri Amarnath Shrine Board is constituted by the Act of state legislature, called Shri Amarnath ji Shrine Act 2000, any amendment to any provision of the Act can be made only by the state legislature. However when the state legislature is not under session, the State Governor has the powers to perform the responsibility of the legislature by issuing an ordinance, which has to be ratified by the state legislature in the next session, within six months of the promulgation of the ordinance. Since neither of this has been done in the present case, the Governor's action can also be termed as breach of the privilege of the state legislature. |
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