Regional pol parties pitch for Assembly dissolution

Srinagar, Nov 13: Kashmir mainstream political parties National Conference (NC), People’s Democratic Party (PDP) and Peoples Democratic Front (PDF) have demanded dissolution of Assembly and conduct of early assembly polls in Jammu and Kashmir saying that the power to dissolve the assembly and call for fresh elections lies with the Governor.

As per Kashmir News Service, talking to reporters, senior NC leader and former speaker assembly Mohammad Akbar Lone presently MLA Sonawari said: “Though rumors are abuzz that BJP has already taken to track II route to form a government in alliance with Sajad Gani Lone’s Peoples Conference and some PDP rebel MLAs but so far the efforts have not paved way for formation of a government in the state. When there is no scope for any workable combination on government formation it would be better for both the Governor and the central government to dissolve the assembly and call for fresh elections.”

PDP Chief Spokesman Rafi Ahmad Mir said: “Six months have elapsed when BJP walked out of the government headed by Mehbooba Mufti and so far no workable combination has come forward to form the government in the state. When the Governor’s administration could conduct municipal and panchayat elections, then why delay Assembly elections for restoring popular rule in the state. We would like to demand dissolution of Assembly and conduct of early elections in the state.”

Chairman PDF Hakim Mohammad Yaseen, a former minister and MLA Khan Sahib said: For the last six months Governor’s rule in force in the state and law does not bar Governor from extending Governor’s rule or imposing presidential rule with the concurrence the central government and the president of India in the state but popular rule has to be restored sooner or later. Keeping in view the present situation we would like to demand early dissolution of assembly and early conduct of assembly elections for restoration of popular rule in the state.”

Experts say that though there is no limit for dissolution of Assembly till it completes its full term the Governor is empowered to recommend dissolution of assembly for the consent of the Central Government anytime.

Senior Advocate of Jammu and Kashmir High Court and leading legal luminary, Zaffar Ahmad Shah, was quoted saying by Kashmir News Service: “The Governor is empowered to recommend imposition of Presidential rule after six months Governor’s rule ends. As far as the issue of dissolution of Assembly is concerned, Governor is at liberty to recommend the dissolution of the assembly keeping in view the situation to seek the Central Government’s nod for dissolution of assembly. There is no constitutional bar on the time limit for keeping the assembly in suspended animation till it completes its full term. Ultimately it becomes the issue of ethics versus law.”

Another senior Advocate of High Court and a constitutional expert, Advocate Zafar Ahmad Qureshi said: “After the end of the Governor’s rule if the popular government is not in place, the Governor has to recommend the imposition of Presidential rule for taking the consent of the Central Government. Ultimately the decision lies with the Central Government as Governor becomes recommendatory authority. As far as dissolution of Assembly is concerned, Governor is empowered to recommend the dissolution of the Assembly keeping in view the situation.”

(Except for the headline, this story has not been edited by The Kashmir Monitor staff and is published from a syndicated feed.)