The Supreme Court today dismissed a petition filed by BJP leader and former MLA Gagan Bhagat challenging the dissolution of the Jammu & Kashmir Assembly..A Bench of Chief Justice Ranjan Gogoi and Justice Sanjay Kishan Kaul heard Senior Advocate Jaideep Gupta before remarking that it is not inclined to entertain the petition..“We are not inclined to interfere”, the Court said..Last month, Jammu & Kashmir Governor Satya Pal Malik dissolved the state assembly, after former Chief Minister Mehbooba Mufti and People’s Conference leader Sajad Lone both made claims to form the government in the state..In an 87-seat House, PDP leader Mehbooba Mufti claimed that she has the support of 56 legislators, while her rival, Sajjad Lone claimed that he had the support of 26 legislators and 18 unidentified legislators. This prompted the Governor to dissolve the assembly. As a result, the state is expected to go through another period of President’s Rule after the present one expires on December 19..The petition filed by Bhagat termed the Governor’s decision as “arbitrary and illegal” and sought the quashing of the same, along with a direction from the Court to hold a floor test..“… it is mandatory for the Governor to conduct floor test and give an opportunity to the parties to prove the majority on the floor of the house.This principle of law has been upheld by 5-judge constitutional bench (of Supreme Court) in Rameshwar Prasad versus Union of India”..However, the Supreme Court today made it clear that it would not entertain the petition..The BJP, which supported the Governor’s decision, had made a statement that Bhagat stood suspended after allegations of a sex scandal had cropped up against him..Read the order below.
The Supreme Court today dismissed a petition filed by BJP leader and former MLA Gagan Bhagat challenging the dissolution of the Jammu & Kashmir Assembly..A Bench of Chief Justice Ranjan Gogoi and Justice Sanjay Kishan Kaul heard Senior Advocate Jaideep Gupta before remarking that it is not inclined to entertain the petition..“We are not inclined to interfere”, the Court said..Last month, Jammu & Kashmir Governor Satya Pal Malik dissolved the state assembly, after former Chief Minister Mehbooba Mufti and People’s Conference leader Sajad Lone both made claims to form the government in the state..In an 87-seat House, PDP leader Mehbooba Mufti claimed that she has the support of 56 legislators, while her rival, Sajjad Lone claimed that he had the support of 26 legislators and 18 unidentified legislators. This prompted the Governor to dissolve the assembly. As a result, the state is expected to go through another period of President’s Rule after the present one expires on December 19..The petition filed by Bhagat termed the Governor’s decision as “arbitrary and illegal” and sought the quashing of the same, along with a direction from the Court to hold a floor test..“… it is mandatory for the Governor to conduct floor test and give an opportunity to the parties to prove the majority on the floor of the house.This principle of law has been upheld by 5-judge constitutional bench (of Supreme Court) in Rameshwar Prasad versus Union of India”..However, the Supreme Court today made it clear that it would not entertain the petition..The BJP, which supported the Governor’s decision, had made a statement that Bhagat stood suspended after allegations of a sex scandal had cropped up against him..Read the order below.
