Assembly placed under suspended animation

Neeraj Rohmetra

JAMMU, Jan 9: After obtaining consent of President, Pranab Mukherjee, Governor N N Vohra today issued the Proclamation under Section 92(1) of the State Constitution for imposition of Governor’s Rule in the State and placed the 12th Legislative Assembly under suspended animation.
Reliable sources told EXCELSIOR, “the Union Cabinet had today morning given its consent for imposition of Governor’s Rule based on the report submitted by the State Governor yesterday evening to Union Home Minister, Rajnath Singh. The communication was then forwarded to the President’s office, which also gave its concurrence for the same, as political parties failed to muster the requisite number in the 87-member Assembly, for staking claim to form the Government”.
In its report to the Union Home Minister yesterday, the Governor had listed all options available before the Central Government including imposition of Governor’s Rule, after the political parties failed to resolve the existing political impasse.
The imposition of Governor Rule had become imminent after caretaker Chief Minister Omar Abdullah in his meeting with Governor on January 7 in New Delhi had requested to be relieved of the responsibility. Omar’s decision had hastened the Governor’s decision to send a report to the Home Ministry.
Governor’s Rule has been imposed for the sixth time since 1977, under Section 92 of the State Constitution, which allows the Governor to impose the same in case of failure of the Constitutional machinery in the State. “Since Omar Abdullah chose to step down as caretaker Chief Minister on January 7, the Governor’s Rule has been imposed in the State with effect from yesterday (January 8)”, sources asserted.
The State had delivered a highly fractured mandate during the recently concluded Assembly elections and the political parties had failed to cobble an alliance ever since the declaration of results a fortnight ago. Neither PDP, which had emerged as single largest party with 28 seats nor BJP with 25 seats managed to get to the magic figure of 44 to stake claim for formation of Government in the State. NC, which headed the previous coalition Government in the State has 15 MLAs, while its previous ally Congress has 12 only.
“However, despite the imposition of Governor Rule, leaders of major political parties including PDP, BJP and NC confessed that channels of communication were still open to break ice between the political parties”, source said.
Governor N N Vohra, who returned from New Delhi today, immediately after the imposition of Governor’s Rule held detailed deliberations with the Chief Secretary, Iqbal Khandey.
“Mr Khandey apprised the Governor about the major issues confronting the State, after the resignation of Council of Ministers. Both discussed several important matters including the on-going ceasefire violations along the International Border and the status of flood relief measures”, sources said.
They said, “the Governor shall be visiting the Secretariat tomorrow for meeting all the Administrative Secretaries and also hold discussions with Principal Secretary Finance and Planning. Mr Vohra will also hold separate parleys with the DGP, K Rajendra and review the overall security situation in the State, particularly in view of the forthcoming Republic Day celebration.”
Over the possibility of appointment of Advisors to the Governor, sources said, “there was no official word from the Rajbhavan”.
Earlier, in 2008 also Mr Vohra had occupied the gubernatorial post, when the State was brought under Governor’s Rule following the fall of Ghulam Nabi Azad-led coalition Government. Azad’s Government had been reduced to minority after PDP on June 28, 2008 withdrew its support on the Amarnath land transfer issue and subsequently, Mr Azad resigned as Chief Minister, without facing a confidence vote on the floor of Assembly.
The Governor Rule, which lasted for more than six months came to an end on January 5,2009.
History seemed to be repeating itself, as after the 2002 Assembly elections also, the State also had a spell of Governor Rule after the then caretaker Chief Minister, Farooq Abdullah had refused to continue in office.
After the State delivered a fractured mandate, Farooq Abdullah had also served as caretaker Chief Minister for 10 days after the announcement of election results on October 8, 2002. However, he had refused to continue as caretaker Chief Minister on October 17, despite requests from the then Prime Minister, Atal Bihari Vajpayee and the then Deputy Prime Minister, L K Advani.
Farooq’s decision resulted in a constitutional crisis leaving the then Governor, Girish Chander Saxena with no option but to impose Governor Rule.
The Governor Rule came to an end on October 26, 2002 after the PDP and Congress agreed to form a coalition Government, with Mufti Mohamamd Sayeed as Chief Minister on a rotational basis for the first three years.
The Governor Rule in the State is imposed under Article 92 of the Jammu and Kashmir Constitution of 1957 that is equivalent to the Article 356 of the Indian Constitution, which provides for President’s Rule to be imposed on State under certain conditions.

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