SC dismisses PIL challenging dissolution of J&K Assembly by Governor

Supreme Court on Monday, December 10, dismissed a PIL challenging the dissolution of 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.

The petition termed the Governor’s decision as arbitrary and illegal and wants the court to quash it with a direction to the Governor to hold the floor test.

On December 3, Gagan Bhagat moved the Supreme Court challenging governor’s decision to dissolve the assembly, soon after an alliance of anti-BJP parties, led by the People’s Democratic Party (PDP) staked claim to form the government.

The November 21, decision of Satya Pal Malik paved the way for imposition of governor’s rule in the state. Former chief minister Mehbooba Mufti-led PDP, the National Conference (NC) and the Congress had made a fresh attempt at government formation on November 21, after nearly five months of political uncertainty.

In her letter addressed to the governor, Mufti had claimed the support of 56 MLAs of the three parties. However, Mufti soon said on Twitter that she could not get through to him by either fax or telephone and that she had sent the letter by mail.

The PDP, which is a former BJP ally, has 29 members in the House, while the NC has 15 and the Congress 12. The BJP is the second-largest party in the assembly with 25 seats.

The PDP, NC, and the Congress are expected to make the dissolution of the assembly a key political issue, not just in the next assembly elections, but also in the general elections next year.