SC Dismisses PIL Challenging Dissolution of J&K Assembly

PDP’s Altaf Bukhari is expected to be the consensus CM candidate of the PDP-Congress-NC alliance.

Updated10 Dec 2018, 07:44 AM IST
Politics
12 min read

The Supreme Court, on Monday, 10 December dismissed a PIL challenging the dissolution of the Jammu and Kashmir Assembly by Governor Satya Pal Malik.

Jammu and Kashmir Governor Satya Pal Malik had said that he dissolved the J&K Assembly as he could not have allowed horse-trading in the Valley. He had earlier said that parties with opposing ideologies cannot form an alliance.

The state plunged into political crisis on Wednesday, 21 November, when Malik dissolved the Assembly after PDP President Mehbooba Mufti and Peoples Conference leader Sajjad Lone staked their respective claims to form the government in the state.

Snapshot
  • Omar Abdullah says he wants to save Jammu and Kashmir, rubbishing the governor’s horse-trading claims
  • The BJP held a meeting regarding the dissolution of J&K Assembly in Jammu, a PDP meeting is also expected to take place later in the day
  • PDP’s Mehbooba Mufti had written a letter to the J&K governor staking claim to form the government in alliance with the NC and Congress
  • Sajjad Lone also wrote to the governor staking claim to form the government with the support of BJP and 18 other MLAs

We'll get through this! Meanwhile, here's all you need to know about the Coronavirus outbreak to keep yourself safe, informed, and updated.

The Quint is now available on Telegram & WhatsApp too, Click here to join.

11:13 AM, 21 Nov
KEY EVENT

Omar Abdullah's Offers Some Twitter Amusement Amid Reports of Alliance Formation

Amid reports of the PDP, Congress and the National Conference forming an alliance in Jammu and Kashmir, NC leader Omar Abdullah tweeted:

11:22 AM, 21 Nov

NC to Support Alliance from Outside: Report

According to sources cited by The Indian Express, the National Conference would support the alliance from outside and won’t be part of the government, despite Mehbooba Mufti wanting Farooq Abudllah to be the leader of the coalition.

“The alliance would likely be announced by the evening and after that, the alliance partners would meet governor and stake claim.”
PDP leader to The Indian Express
11:45 AM, 21 Nov
KEY EVENT

What's the Political Dynamic in J&K?

The reported efforts by the PDP, Congress and NC to form an alliance is said to be geared towards thwarting any attempts of the BJP to support a third front for government formation in the state, where Governor's rule would be ending next month.

As per constitutional provisions, the state will have to be placed under President's rule next month unless the Governor is convinced that a viable government can be formed.

Dissidents of the PDP supported by Sajad Lone's Peoples Conference have been speaking of a government formation in the state with the support of the BJP ever since Governor's rule was imposed.

Sajad Lone has been emerging as the leader of a possible third front that could. in the future, provide an alternative to the PDP and NC.

Senior PDP leader and Lok Sabha member Muzaffar Hussain Baig ruffled feathers on Tuesday when he expressed his willingness to join Sajad Lone if a third front was formed in the state.

Governor Satya Pal Malik has said that even if the state was placed under President's rule next month, the state Assembly would not be dissolved.

The Assembly is presently under suspended animation. As long as the Assembly remains intact, there remains a possibility of different political parties trying their luck at government formation even if that means taking arch political rivals on board.

(With inputs from IANS)

12:32 PM, 21 Nov

'Congress, PDP and NC Have Agreed to Make a Coalition': PDP's Altaf Bukhari

Senior PDP leader Altaf Bukhari on Wednesday said that the PDP, the NC and the Congress have agreed to form an alliance in Jammu and Kashmir.

Media reports indicated that Bukhari will be the consensus CM candidate of the alliance.

“My leadership has confirmed it to us that the three parties (Congress, PDP and NC) have agreed to make a coalition to defend the special identity of the state politically and legally. Very soon, you will get the good news.”
PDP leader Altaf Bukhari to ANI

A source cited by PTI said the NC is willing to extend support to the PDP for forming the government for now, but wants early dissolution of the Assembly, kept in suspended animation since imposition of Governor's Rule on 19 June, and eventually an election.

“The aim is to pave way for fresh polls in the state so that an elected government takes charge and the political uncertainty due to the Governor’s Rule is put to an end.”
Source cited by PTI

A senior Congress leader in Srinagar told PTI that his party, in principle, supports any alliance that will "keep communal forces" at bay.

"We have been working for a grand alliance at the national level and there is no reason why we oppose any such move in the state as the aim is to keep communal forces out," said the leader

3:06 PM, 21 Nov
KEY EVENT

Mehbooba Mufti Writes to J&K Governor, Stakes Claim to Form Govt

PDP President Mehbooba Mufti has written a letter to J&K Governor Satya Pal Malik staking claim to form the government in the state in alliance with the National Conference and the Congress.

Mufti posted the letter on Twitter, saying that she has been trying to send this to Raj Bhavan, but "strangely the fax is not received".

"Tried to contact HE Governor on phone. Not available. Hope you see it," she said, tagging the official Twitter account of the J&K governor.

3:22 PM, 21 Nov

After Mufti, Sajjad Lone Also Stakes Claim to Form Govt With BJP Support

People's Conference leader Sajjad Lone has also written to the J&K governor staking claim to form the government. In his letter, Lone has cited the support of the BJP and more than 18 other elected members of the J&K state legislature.

3:40 PM, 21 Nov
KEY EVENT

J&K Governor Dissolves Assembly After Mufti, Sajjad Lone Stake Claim

SC Dismisses PIL Challenging Dissolution of J&K Assembly
(Photo Courtesy: Twitter/@iftikhargilani)
3:47 PM, 21 Nov
KEY EVENT

'Not a Coincidence': Omar Abdullah After Assembly Dissolution

Minutes after J&K Governor Satya Pal Malik dissolved the Assembly on Wednesday, National Conference leader Omar Abdullah questioned the timing of the dissolution.

4:11 PM, 21 Nov

'BJP Dissolved the Assembly Even Though Only a Proposal Was Made': Ghulam Nabi Azad

Commenting on the political developments in Jammu and Kashmir, Congress' Ghulam Nabi Azad said:

“I said this afternoon also that it’s a suggestion and no final decision has been taken yet (on the PDP-NC-Congress alliance). BJP dissolved the Assembly even though only a proposal was made.”
Ghulam Nabi Azad
4:18 PM, 21 Nov
KEY EVENT

'Mehbooba Mufti Should Move Court': Congress' Saifuddin Soz

Calling the actions of Governor Satya Pal Malik to dissolve the Assembly "undemocratic and unconstitutional", Congress leader Saifuddin Soz said Mehbooba Mufti should move court to challenge the decision.

“Mehbooba ji should move court as what the Governor has done on Centre’s instructions is undemocratic and unconstitutional. Mehbooba Mufti wrote to the Governor only after Congress and NC supported PDP, and the Governor should’ve given her a chance.”
Congress leader Saifuddin Soz
4:41 PM, 21 Nov

J&K Governor Met PM Modi on Monday: Report

The J&K governor had a meeting with PM Modi and Amit Shah on Monday and Tuesday respectively, an NDTV report said, citing sources. On Wednesday, J&K chief secretary was also reportedly called to Delhi.

With the dissolution of the Assembly, elections are expected to be held in Jammu and Kashmir within six months. The state will be placed under President's Rule next month, when the Governor's Rule comes to an end.

5:08 PM, 21 Nov
KEY EVENT

'Thought I'd Seen it All': Mehbooba Mufti After Assembly Dissolution

PDP president Mehbooba Mufti took to Twitter to slam the J&K governor after he dissolved the state's Assembly, saying that the "very idea of a grand coalition" gave him "jitters".

5:17 PM, 21 Nov

'BJP Welcomes Governor's Decision': J&K BJP President

J&K BJP president Ravinder Raina welcomed the decision taken by Governor Satya Pal Malik to dissolve the Assembly.

“Once again, the NC, Congress and the PDP hatched a conspiracy in Jammu & Kashmir that would have done injustice to Jammu and Ladakh. Will they form alliance before elections?”
J&K BJP president Ravinder Raina, as quoted by ANI
5:28 PM, 21 Nov

'Mehbooba Ji Has a Lot of Options in This Democratic Country': Rebel PDP MLA

Speaking about the dissolution of the J&K Assembly on Wednesday, rebel PDP MLA Imran Ansarti said:

“If Governor would have called us for floor test, we would’ve shown our members. Now the situation is different. Election is the only option. If Mehbooba ji thinks it’s undemocratic, she has a lot of options in this democratic country.”
PDP rebel MLA Imran Ansari
6:07 PM, 21 Nov

EC to Examine Imposition of Model Code of Conduct

The Election Commission will examine whether the model code of conduct can be imposed in Jammu and Kashmir, after Governor dissolves Legislative Assembly, reported ANI.

3:10 AM, 22 Nov

BJP to Hold Meeting With MLAs Today: BJP State President

Bharatiya Janata Party State President Ravinder Raina told news agency ANI that the BJP has called for an important meeting with all its MLAs on 22 November.

“The Bharatiya Janata Party (BJP) has called for an important meeting with all its MLAs today, and we will decide the future course of action. We wish that the Assembly elections in J&K should be conducted along with the Parliament elections.”
Ravinder Raina, BJP State President, Jammu and Kashmir
3:22 AM, 22 Nov

'My Responsbility to Save the State From a Mess': Satya Pal Malik

It was my responsibility to save the state from a mess, the governor told News18 in an interview. Image used for representation.
It was my responsibility to save the state from a mess, the governor told News18 in an interview. Image used for representation.
(Photo Courtesy: Wikipedia)

In a telephonic interview with news channel CNN News18, Jammu and Kashmir Governor Satya Pal Malik said it was his responsibility to save Jammu and Kashmir from 'the mess'. Malik said an alliance of parties with different ideologies cannot be given the right to form a government in the state.

“An unworkable alliance cannot be given rights to make the government. It was my responsibility to save the state from a mess.”
Satya Pal Malik to News18
3:43 AM, 22 Nov

PDP to Hold Meeting Today, NC Ready to Face 'People's Court'

Jammu and Kashmir's Peoples Democratic Party leader Rafi Ahmad Mir told CNN News18 that the party is yet to decide on approaching the courts. He also told the news channel that the party will be meeting today to take decisions on 'many' matters.

On the other hand, National Conference Provincial President Nasir Sogami described the Governor’s action to dissolve the state Assembly as the demolition of democracy. He also said that NC is prepared to face the 'people's court' (elections), without the support of any other party.

4:54 AM, 22 Nov

No One Near Fax Machine as It Was Eid: Satya Pal Malik

Jammu and Kashmir governor Satya Pal Malik got back at former Chief Minister Mehbooba Mufti's 'fax machine' jibe, saying that no employee was on the fax machine as it was Eid on the day he dissolved the state Assembly.

“On Eid, no employee will be near the fax machine. She (Mufti) should have approached me a day earlier, or on Wednesday morning,” he said in his defense.

Former Chief Minister Mehbooba Mufti had slammed Malik saying that the fax machine at the Governor’s residence didn’t receive the fax she sent but swiftly issued one regarding the Assembly dissolution. 

When asked on how he released the official communication later in the day, he said that machines at the Governor’s house do not work some time. “Sometimes, water geysers also do not work at Raj Bhavan,” he told News18.

5:14 AM, 22 Nov
KEY EVENT

'Instructions Might Have Come From Across the Border': Ram Madhav

BJP’s National Secretary Ram Madhav, on Thursday said that the PDP and NC boycotted the local body polls in Jammu and Kashmir as they had ‘instructions from across the border’, he made the same claims regarding the PDP-NC alliance as well, saying the instructions might have come from across the border.

Probably they had fresh instructions from across the border to come together and form government. What they did prompted the governor to look into the whole issue.
Ram Madhav
5:17 AM, 22 Nov

Jammu and Kashmir Elections Must be Held Before May: EC Chief

The elections in Jammu and Kashmir can be held before May and possibly before the Lok Sabha elections in 2019, Chief Election Commissioner OP Rawat told NDTV.

“The Jammu and Kashmir assembly polls must be held on the first occasion before May. It can be held before parliament elections also.”
OP Rawat to NDTV
5:44 AM, 22 Nov
KEY EVENT

Omar Abdullah Hits Back at Ram Madhav, Dares to Prove Allegations

Soon after BJP National Secretary Ram Madhav alleged that the instructions for the PDP-NC alliance might have come from across the border, NC chief Omar Abdullah hit back. Abdullah dared at Madhav to prove that his party boycotted the local body elections in the state and is working under the instructions of Pakistan.

Madhav then retracted his statement, saying he did not mean to offend or question Abdullah's patriotism. However, Abdullah was not taking any of it. He responded to Madhav’s tweet, keeping his challenge towards Madhav and his government to prove his words.

6:03 AM, 22 Nov

Couldn't Have Allowed Horse-Trading in the Valley: J&K Governor

Jammu and Kashmir Governor Satya Pal Malik told ANI that he is not in the favour of any government formed with underhand defection and horse-trading.

“I would instead want that elections are held and selected government rules the state.”
Satya Pal Malik, Governor, J&K

He also said that he has been receiving complaints of horse-trading for the past 15 days, and that MLAs are being threatened.

“I couldn’t have allowed this to happen.”
Satya Pal Malik, Governor, J&K
7:10 AM, 22 Nov

'Our Aim is to Save the Kashmiri Dynasty': Omar Abdullah

National Conference chief Omar Abdullah addressed the media on the dissolution of the Jammu and Kashmir Assembly, where he said the Governor alleged horse-trading, money being exchanged. He said if the Governor has reports of money being exchanged, he should also know who was exchanging the money.

On having enough number of MLAs, he said:

“The governor has no ground to say that we didn’t have the numbers. He cannot say that with certainty.”
Omar Abdullah, National Conference chief

He also said that this is the first time he has seen a fax machine become the a political player.

This is for the first time that a fax machine didn’t work and became responsible for the death of democracy.
Omar Abdullah, National Conference chief

Abdullah has said his aim was never to rule, his aim was to save the dynasty.

“We don’t do power politics, politics for the chair.”
Omar Abdullah, National Conference chief

Abdullah also questioned the Governor -- who has said that parties of different ideologies can't come together -- that if that’s the case, how did the BJP-PDP alliance happen in the first place?

On being asked if he will challenge the Governor’s decision in court, Abdullah said it’s the responsibility of the party that sent the letter to the Governor.

Abdullah also hit back at Ram Madhav again, saying that Madhav has disrespected thousands of his colleagues who have died becasue they refused to work with Pakistan, keeping his challenge to Madhav to prove his words or apologise.

7:43 AM, 22 Nov

BJP Calls Meet over Dissolution of J&K Assembly

TheBJP meeting underway in Jammu.
TheBJP meeting underway in Jammu.
(Photo: ANI)

A meeting of Bharatiya Janta Party’s core group over dissolution of the J&K Assembly is underway in Jammu, ANI reported.

The meeting saw BJP State President Ravinder Raina and former Jammu and Kashmir Deputy CM Nirmal Singh in attendance.

8:08 AM, 22 Nov

Not on Cabinet's Agenda, Was Briefed About it: Finance Minister on J&K Power Struggle

Arun Jaitley answers the media’s questions on The Allied and Health Care Professionals Bill.
Arun Jaitley answers the media’s questions on The Allied and Health Care Professionals Bill.
(Photo: ANI)

Finance Minister Arun Jaitley, while addressing a media briefing the media on the Centre's approval of the Allied and Health Care Professionals Bill was put up with the question of the J&K Assembly being dissolved.

The Finance Minister said that the issue was not on the Cabinet's agenda but we were briefed about it, ANI reported.

8:18 AM, 22 Nov

Centre Should Have Dissolved Assembly When Govt Fell: Ghulam Nabi Azad

Congress leader Ghulam Nabi Azad hit out at BJP for the dissolution of the Jammu and Kashmir Assembly, saying that the Centre should have dissolved the Assembly when the BJP withdrew support from PDP.

We have complaints from central government that if they had to dissolve the assembly, they should’ve done it 4-5 months ago when they withdrew support from PDP.
Ghulam Nabi Azad

He also said that all this while BJP was trying to make their own government but were failing. When they saw that another government could be formed, they dissolved the Assembly.

10:03 AM, 22 Nov
KEY EVENT

'Shocked to See Baseless Allegations Levelled by Ram Madhav': Mufti

PDP President Mehbooba Mufti on Thursday lashed out against BJP National Secretary Ram Madhav over his "Pakistan" remark saying that she was "shocked to see baseless allegations against mainstream parties" in Jammu and Kashmir.

Mufti further questioned if supporting the Centre was the sole criterion to become "nationalistic and patriotic", indicating that the MLAs of PDP and National Conference were labelled "anti-nationalistic" just because they had "enough integrity to stand up to your failed attempts of defection."

3:41 PM, 22 Nov

'Governor Has Turned Out to Be Another Slave of the Centre': Farooq Abdullah

National Conference President Farooq Abdullah on Thursday slammed J&K Governor Satya Pal Malik, saying that "he has turned out to be another slave of the Centre".

“I had a lot of hopes from this Governor, but this is very sad. He has turned out to be another slave of the Centre. The post of Governor needs to be looked into. Why did he wait for five months to dissolve the Assembly?”
Farooq Abdullah, as quoted by ANI

Abdullah also slammed the labelling of the proposed PDP-NC-Congress alliance as a combination of "terror-friendly parties” by the BJP.

“When PDP was in alliance with BJP then it was not ‘terror-friendly?’ It has become ‘terror-friendly’ when it talked of an alliance with the NC and Congress?”
Farooq Abdullah, as quoted by ANI
2:28 AM, 23 Nov

NC-PDP's Can Move to Court, Blessing in Disguise for Us: Lone

National Conference and the Peoples Democratic Party’s decision to move to court against the dissolution of the House will prove to be a “blessing in disguise”, said Sajjad Lone, Peoples Conference Leader, in an interview to The Indian Express.

According to Lone, BJP-supported combination was in favour of a floor test because he’s confident he has the requisite numbers.

“It will be a blessing in disguise for us. I am confident they will not have the requisite numbers,” Lone told The Indian Express.

Let them approach the Supreme Court and get this (dissolution of the Assembly) reversed. I don’t think they will approach the court because their sole aim is to save their families (Muftis and Abdullahs) from rebellion against their leadership.
Sajjad Lone, Peoples Conference Leader
4:47 AM, 23 Nov

Happy to Get Dynastic Parties Together: Sajjad Lone

Peoples Conference Leader Sajjad Lone has stated that he is happy to have managed to get erstwhile arch rivals NC and PDP on the same page.

“If they (PDP) are so aggrieved they can go to the court but they will not because they don't have the numbers but we are happy that we got these dynastic parties together,” Lone told ANI.

“We staked the claim as we had the numbers. Had there been a floor test or had we been told to bring in the numbers, then that which is within the purview of the constitution would have happened,” People's Conference chief said.

10:09 AM, 23 Nov

Peoples Conference Leader Sajjad Lone Addresses Media Amid J&K Power Struggle

Sajjad Lone, while addressing the media in Srinagar, alleged that if aligning with BJP is a crime, then it is Omar Abdullah who first committed this crime.

“If aligning with BJP is a crime, then it is Omar Abdullah who first committed this crime. He was once the poster boy of NDA. Madam Sahiba (Mehbooba Mufti) was also in power with them for 3 years. But when we do it, it's wrong,” he said.

Sajjat Lone addresses media Oo J&K govt formation in Srinagar

Posted by The Quint on Friday, November 23, 2018
5:06 AM, 25 Nov

"Your Fax Machine Wasn't Working Properly": Omar Abdullah

Omar Abdullah responded to Satya Pal Malik’s comment on Saturday, in which the J&K governor said that PDP president and ex-chief minister Mehbooba Mufti, and NC vice president Omar Abdullah could have easily contacted him if they were serious about forming a government.

6:12 AM, 10 Dec

SC Dismisses PIL Challenging Dissolution of J&K Assembly

The Supreme Court on Monday 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).”
SC Bench, comprising CJI Ranjan Gogoi and SK Kaul

The bench was hearing a PIL filed by BJP leader Gagan Bhagat, who was an MLA before the Assembly was dissolved.

Published: 21 Nov 2018, 10:43 AM IST

Never Miss Out

Stay tuned with our weekly recap of what’s hot & cool by The Quint.

Join over 120,000 subscribers!