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Pro-tem Speaker being sworn in today
MLAs ask: Where is Assembly?
1/14/2009 11:23:22 PM
HAMAAD SALIF
Jammu, Jan 15: The government has settled down and started working but anxiety is running high among newly elected legislators who are keenly awaiting their date with the august House –the Legislative Assembly.
While the first time legislators, particularly the young ones are looking towards Governor’s summons, the older and experiences ones are raising questions of constitution requirements. Constitutionally the assembly is required to meet within six months and this deadline had ended on January 7.
Official sources said that a date for administering oath to the new legislators may be decided Thursday after administering oath to the Pro-tem Speaker. Choudhary Mohammad Aslam is being sworn in as Pro-tem Speaker tomorrow morning and soon after that the government is likely to convene a meeting to decide date for administering oath to new MLAs.
The Panthers Party leader Harsh Dev Singh has described the delay in convening of assembly session as constitutional crisis. Harsh Dev that the State Assembly which was duly constituted on December 31, 2008 should have been convened by the Governor with or without the recommendation of the government on or before January 7, 2009. This is, he said quoting Section 53 of J&K Constitution, mandatory to ensure that the intervening period between the two Sessions of the Assembly should not exceed six months. The last day of the previous Assembly when it met was July 7, 2008. The Assembly Session should have been held by January 7, 2009 to meet the mandatory requirement of the Constitution of the State. Same principle is applicable in case of the Parliament and other State Legislatures.
Meanwhile, State BJP Chief and MLA Jammu East Ashok Khajuria blamed newly formed coalition government for not organising oath ceremony for newly elected legislators and running the government in the most undemocratic manner. He said the way the state government has started functioning is undemocratic as no oath has been administered to MLAs and even the secretariat has started functioning at Srinagar . Ashok Khajuria warned the government that it should not work in a manner which is against the spirit of democracy and established principles of good and transparent governance. He said the new government in office can ill afford to ignore the mighty opposition.

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