Another round of talks shortly
Sanjeev Pargal
JAMMU, May 9: With a view to take opinion on extension of President’s rule in Jammu and Kashmir beyond June 20 after completion of six months term, the Election Commission of India (ECI) has taken the legal and expert opinion besides the view point of the Union Ministry of Home Affairs (MHA) officials and was now expected to announce its decision on conduct of Assembly elections before May 21, the day when dissolution of the House would complete six months.
Official sources told the Excelsior that the Election Commission don’t want to take onus on it for not conducting elections before expiry of six-month term of President’s rule on June 20 as the President rule will have to be extended for another six months if the Assembly elections weren’t conducted by then.
“The legal experts were reportedly of the view that though the Assembly elections had to be conducted within six months of dissolution of the Assembly, extension in President’s rule in the State beyond six-month period was not unusual given the circumstances prevailing in Jammu and Kashmir especially in the Valley where conducting polls is always a tough task,” sources said.
Similarly, they said, the MHA opinion was also on lines of the State Government but the Election Commission will be holding another round of meeting with the MHA top brass and legal experts and was likely to come out with a decision before May 21 on conduct of Assembly elections in the State.
The legal experts have opined that in the nineties, Jammu and Kashmir had remained under the spell of President’s rule for nearly six years from 1990 to 1996 till Assembly elections were held in October 1996.
However, sources pointed out, there appeared to be no possibility of conduct of Assembly elections in June in view of reasons cited by the State Government. However, the Commission wants to take opinion of all stakeholders including the MHA and legal experts before announcing its decision to defer the elections to September-October or November-December.
“Though the Election Commission was busy with conduct of Lok Sabha elections with two phases still pending followed by counting on May 23, it was not taking any chance on conduct of Assembly polls in the State by meeting and taking view point of stakeholders regularly,” sources said, adding that the Commission would hold couple of more meetings in next few days before announcing its decision.
As the Legislative Assembly was dissolved by Governor Satya Pal Malik on November 19, 2018 following claims and counter claims by warring factions-one headed by PDP president Mehbooba Mufti and another by Sajjad Lone of People’s Conference-to form the Government, the Assembly elections had to be conducted before May 21 i.e. within six months of dissolution of the House. However, there was no such possibility now.
Another possibility was to conduct Assembly elections before June 20 when six month term of the President’s rule will expire. However, that possibility too seems to be remote and the President’s rule now might require extension from June 20.
The State was brought under the spell of Governor’s rule on June 20, 2018 following withdrawal of support to Mehbooba Mufti-led Government by the BJP. The Governor’s rule expired on December 20, 2018, leading to imposition of President’s rule for six months, whose term will now end on June 20 next month.
Going by the emerging scenario, sources noted, the President’s rule would require extension if the Assembly elections are not held by then.
The State Government in its report to the Election Commission had cited tourist season, extreme summer, annual pilgrimage of Shri Amarnath Ji and the month of holy Ramzan followed by Eid celebrations on June 5 or 6 for delaying the elections either to September-October or November-December.
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