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SC dismisses former BJP MLA’s plea challenging dissolution of J&K Assembly
jkupdate.com | 10-Dec-2018 12:06 PM
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  • The plea, moved by former BJP MLA Dr Gangan Bhagat, termed the Governor’s decision as “arbitrary and illegal” and wanted the apex court to quash it with a direction to the Governor “to hold the floor test”.




NEW DELHI: A plea challenging J&K Governor Satya Pal Malik’s decision to dissolve the state assembly has been junked by the Supreme Court on Monday.

The CJI Bench dismissed the plea saying there was ‘no merit’ in it. The plea, moved by former BJP MLA Dr Gangan Bhagat, termed the Governor’s decision as “arbitrary and illegal” and wanted the apex court to quash it with a direction to the Governor “to hold the floor test”.

The petition has embarrassed the BJP, which has supported the Governor’s decision. BJP’s state president Ravinder Raina has termed Bhagat’s petition “his individual decision”.

“It is the constitutional convention to invite parties claiming majority to prove it on the floor of the house by holding floor test. The Governor has no power, whatsoever, to deny such an opportunity to such parties by dissolving the assembly in haste and without following the democratic process,” the petition said.

“PDP being the single largest party which claimed the majority with the support of other parties (should have been) invited by the Governor to prove majority by holding floor test. The Sarkaria Commission report specifically dealt with the situation where no single party obtained absolute majority.”

PDP chief Mehbooba Mufti and J&K People’s Conference chief Sajad Lone had separately staked claim to form the government in J&K. However, Governor Malik dissolved the House, which was under suspended animation, citing horse-trading among parties.

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