Governor rule hailed, proclamation partly faulty Non Existent Assembly can’t be kept in suspended Animation: Harsh Mr. Harsh Dev Singh JKNPP Chairman and former Minister has hailed the imposition of Governor’s rule in the State in view of stalemate caused in the formation of the new govt. and the resultant total paralysis of the administrative machinery which was in limbo for the last two months. He said that with no govt. in the state the administrative functioning had became stand still with all developmental related and allied activities having came to a grinding halt. He hoped that with the state Governor taking over the reins of govt., the Government business would be revived and secretariat and other govt. offices would be effectively operationalzed and made properly functional for the benefit of the common messes of the state. Mr. Harsh Dev Singh however questioned the proclamation issued by the Governor placing the 12th legislative Assembly in suspended animation. He said that with the 11th legislative Assembly still being in existence till the 19th of January 2015, there was no question of 12th legislative Assembly coming into being. He said that Sec 52 of the state constitution (corresponding provision of the constitution of India is Article 83 (2) provides for duration of the legislative Assembly. It says that ‘the legislative Assembly shall continue for six years from the date appointed for its first meeting if its term is not cut short by its dissolution. The said Sec 52 may be reproduced as follows “ The Legislative Assembly, unless sooner dissolved, shall continue for six years from the date appointed for its first meeting and no longer and the expiration of the said period of six years shall operate as a dissolution of the Assembly”. The first meeting is when the Governor summons the newly elected members to take oath of the office of member of the legislative Assembly for which he appoints a pro-tem Speaker. The commencement of the first session after election is the ‘first sitting’. It is a The first meeting of 11th Legislative Assembly having taken place on 19th January 2009, the said Legislative Assembly shall remain in existence till 19th January 2015 as it has not been dissolved. Besides a formal notification having been issued by the law Deptt. for constitution of 12th Legislative Assembly does not constitute the Assembly until and unless the newly elect MLAs have taken their oath, he claimed. Mr. Singh said that with no pro-term speaker having been appointed and no oath administered to the newly elects, the 12th legislative Assembly has not come into existence and hence a non existent Assembly can’t be kept in suspended animation. Seeking the continuance of Governor’s rule in the state, Mr. Singh said that the same should be followed by fresh elections in view of a highly fractured mandate and utterly contradictory and antagonistic ideologies of various Political parties which are diametrically opposed to each other. He said that the split verdict which was the outcome of communal, regional and ethnic ideologies let lose by the faulty politics and regimes under the influence of communal and divisive forces had become the greatest stumbling block in the formation of the govt. He said that the fissured verdict had made the formation of a stable govt. an impossible task and was leading to ugly bargains and horse trading. He said that no permutations and combinations had matured under confronting, rigid and unbecoming terms. He said that all political gimmicks used by the desperate BJP for alliance with NC and PDP with give and take, make or break, lull or shake, compromising or synchronizing formulae had not yielded any results. He said that even if the BJP formed an alliance with NC or PDP on their terms, it would only be termed as opportunistic alliance only to share power at the cost of its manifesto and national agenda. Reminding the BJP of its loud sloganeering on abrogation of Art 370, installing of Jammu based Chief Minister, its open threats to eliminate and liquidate NC and PDP which it termed as father-son and father-daughter parties, Mr. Singh accused the saffron party of total surrender with a view to share loaves of power. He reminded BJP that all along the election period it had been accusing and abusing NC and PDP with sharp and sarcastic remarks indicating their shortcomings and frauds as per its own algebra and now with what face was it trying to become their associates and well wishers to help run the govt. Hailing the Governor’s rule in the state, Mr. Singh said that in the present scenario it was the best alternative and should be followed by fresh elections for a stable and healthy govt.
Posted on: Sat, 10 Jan 2015 07:43:16 +0000
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