Supreme Court dismisses plea against J&K Governor’s decision

NEW DELHI: The Supreme Court on Monday refused to entertain a petition challenging the Jammu & Kashmir Governor Satyapal Malik’s recent decision to dissolve the state Assembly that was in suspended animation since June when former Chief Minister Mehbooba Mufti resigned after the BJP withdrew support.

The Governor dissolved the House earlier last month, setting the stage for fresh elections in the state alongside the general elections scheduled in April or May next year.

A BJP MLA, who represented the RS Pura seat in the now dissolved Assembly, challenged the Governor’s decision. Members after all parties stand to lose their salaries and emoluments, besides having to go through the rigour of contesting again.


The petition filed by Gagan Bhagat was dismissed by a bench led by CJI Ranjan Gogoi with a short order. “Heard learned counsel for the petitioner and perused the relevant material. We are not inclined to entertain the writ petition. The same is, accordingly, dismissed.”

Bhagat was represented in the case by senior advocate Jaideep Gupta while the AG appeared for the Union of India. The Governor dissolved the House on the ground that it would lead to horse trading to form a government.

In doing so, he ignored two rival claimants to form a government in the sensitive border state.

First to seek to form a government was Mehbooba Mufti, who wanted to form a government with the support of rivals National Conference and the Indian National Congress.

The other one to stake claim was Sajjad Lone of the People’s Conference with the support of BJP and others.