THE SUPREME Court on Monday dismissed a petition challenging Jammu and Kashmir Governor Satya Pal Malik’s decision to dissolve the state assembly.
The plea, filed by former legislator and BJP leader Gagan Bhagar, was turned down by a bench of Chief Justice of India Ranjan Gogoi and Justice S K Kaul.
The petitioner contended that the decision was arbitrary and not in accordance with the law laid down by the apex court in the 2005 Rameshwar Prasad case and that only a floor test would prove majority. The apex court had in that case affirmed the recommendations of the Sarkaria Commission on formation of governments in case of a fractured mandate.
Bhagat, who represented R S Pura constituency, had asked the court to declare the Governor’s action as unconstitutional.
On November 21, Malik had ordered dissolution of the assembly after rival alliances staked claim to form the government in the state. The Governor’s communique came shortly after both PDP chief Mehbooba Mufti and People’s Conference leader Sajad Lone staked claim.
The state came under Governor’s Rule on June 19, after the BJP withdrew support to the coalition government led by Mehbooba Mufti.