SC dismisses plea against dissolution of J&K assembly

The Supreme Court on Monday dismissed a petition filed by former BJP MLA Gagan Bhagat against Governor Satyapal Malik's decision to dissolve the Jammu and Kashmir Assembly when the efforts were on to form a government in the state.

“We are not inclined to entertain the petition,” a bench of Chief Justice Ranjan Gogoi and Justice Sanjay Kishan Kaul said.

Senior advocate Jaideep Gupta, appearing for the petitioner, contended that the Governor went on to dissolve the Assembly on the date when two letters were sent to him claiming support of majority MLAs to form a government.

“No attempt was made to test the majority on the floor of the House,” he submitted, contending the decision to dissolve the Assembly was against the apex court's ruling in Rameshwar Prasad case (2006) (Bihar Assembly).

Governor Malik had last month ordered dissolution of the 87-member House, where the PDP with 28 members, the Congress having 12 MLAs, along with outside support of the NC's 15 legislators have decided to form government.

People's Conference leader Sajjad Lone also claimed majority with support of 25 BJP MLAs and others.