Nasir is CM’s representative, can go anywhere: NC
Irfan Tramboo
SRINAGAR, July 21: Alleging “trespassing” by the Chief Minister’s Advisor into his jurisdiction, the Member of Legislative Assembly (MLA) from Kupwara, Fayaz Ahmad Mir, has sought clarity on the Constitutional role and scope of duties of the position from the Chief Secretary.
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The ruling National Conference (NC), however, rejected the claims, terming the Advisor the “representative” of the Chief Minister who can “go anywhere.”
In a letter written to the Chief Secretary, Mir, while referring to the CM’s Advisor Nasir Aslam Wani, stated that he is “saddled with an extra-Constitutional authority” in his constituency.
Mir said that he (Advisor) has taken upon himself to “reject the electoral verdict of the people of Kupwara.”
“I take this opportunity to seek clarification on the Constitutional role of the Advisor, and the Constitutional discretion at his disposal to make a trespass on the domain of an elected incumbent MLA,” the letter stated.
He alleged that the Advisor “summons” the officers of his constituency, discusses plans with them, and then ensures that inputs “given by me are ignored.”
The MLA Kupwara has stated that the person in question fought against him in the recently concluded elections and lost.
“He cannot reverse a loss at the hustings by using his position as an Advisor to interfere in matters pertaining to Kupwara constituency and undermine the elected MLA.”
Mir asserted that he does not think there is Constitutional scope for a ruling party to “borrow majoritarian legislative power” at the macro level and lend it to a defeated candidate to use against an opposition MLA. “This is a majoritarian assault on democracy.”
He said that to the best of his knowledge the person in question “does not exist constitutionally,” also noting that he (Advisor) is a regular invitee to all official meetings.
“I formally object to his presence in any official meetings until his Constitutional role and scope of duties (if any) is not defined. I formally object to his interference in matters pertaining to Kupwara constituency.”
Mir stated that being elected by the people as their MLA is the biggest honour for him and that he will, “under no circumstances allow that to be dishonoured.”
“I will not allow the institution of MLA Kupwara to be relegated to an ornamental value,” he said.
The MLA, while seeking an answer from the Chief Secretary, stressed that in case of no reply he “will be compelled” to approach the courts to define the powers and privileges of the institution of MLA “and that of a nominated, unelected Advisor to the Chief Minister.”
On the issue, chief spokesperson of the ruling National Conference and MLA Zadibal, Tanvir Sadiq, told Excelsior that the Chief Minister is well within his rights to appoint an Advisor.
He said that an Advisor is the representative of the CM and that the CM’s Advisor can go anywhere.
“While he was part of the PDP, Late Mufti Mohammad Sayeed as CM made Advisors; why was it right then and wrong today? If making an Advisor at Mufti and Mehbooba’s time was fine, what is wrong in having an Advisor now? If this is wrong then that is wrong; if that is right then this is right,” he said.
