SC ‘Not Inclined’ To Plea Against House Dissolution


NEW DELHI — The Supreme Court on Monday declined to entertain a petition challenging Jammu and Kashmir Governor Satya Pal Malik’s decision to dissolve the state assembly and impose Governor’s rule.

“We are not inclined to entertain,” said a bench of Chief Justice Ranjan Gogoi and Justice Sanjay Krishan Kaul as senior counsel Jaideep Gupta told the bench that Malik dissolved the assembly even though there were two letters before him staking claim to form the government.

Appearing for Bharatiya Janata Party lawmaker Gagan Bhagat in the now dissolved House, Gupta referred to an earlier judgment of the top court which said that Governor should have made every effort to examine if a government can be formed before exercising the extreme option of dissolving the elected assembly

Meanwhile, Jammu and Kashmir unit of the BJP expelled its former MLA and senior leader Gagan Bhagat for indiscipline and anti-party activities.

In August, Bhagat was suspended for three months on the recommendation of the disciplinary committee of the J&K BJP for his role in the alleged abduction of an ex-serviceman’s daughter.

Going against the party line, the MLA had on December 3 moved the Supreme Court challenging the dissolution of state Assembly by Governor Satya Pal Malik calling it “unconstitutional and undemocratic”.

“In view of his continued indiscipline, anti-party and anti-Jammu activities, J&K BJP president Ravindra Raina has expelled Gagan Bhagat from the party with immediate effect,” party chief spokesperson Sunil Sethi said here.

“Bhagat has neither followed the instructions of the discipline committee nor showed the discipline expected of a member of the BJP,” Sethi added.

Sethi urged the party cadre and the people of R S Pura constituency– represented by Bhagat– not to entertain the expelled leader.

According to the J&K Bharatiya Janata Party (BJP) spokesperson the report of the disciplinary committee was submitted to Raina in July following the ex-serviceman accusing Bhagat of abducting his daughter from her college in Punjab.

The committee also said that within the suspension period, Bhagat should settle all dispute to the satisfaction of the complainant parties, he added.

The charge was denied by the woman as well as Bhagat, who termed the allegation as an attempt to defame him.

The lawmaker’s wife, however, accused him of having an extra-marital affair with the woman.

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