Srinagar: Jammu and Kashmir Governor Satya Pal Malik should have given a chance to the PDP-led alliance to prove its majority on the floor of the House as per constitutional mandate before dissolving the state assembly, legal experts said on Thursday.
“The constitutional mandate and the Supreme Court guidelines were not followed while dissolving the assembly in the face of two persons staking claim for government formation,” former advocate general of Jammu and Kashmir Mohammad Ishaq Qadri told PTI.
Mr Qadri said the Governor should have satisfied himself by seeking additional documentation in support of the claims made in letter for government formation.
“Both PDP president Mehbooba Mufti and (People’s Conference chairman) Sajad Gani Lone had sent letters. The Governor should have satisfied himself by seeking more documentary evidence in support of the respective claims and then given them a chance to prove their majority on the floor of the House,” he added.
Mr Qadri said the Assembly was kept in suspended animation for over five months with the aim of providing a chance for fresh government formation in the state.
“There was a fractured mandate in the 2014 assembly election and only an alliance of two or more parties could have formed the government as was done in 2015.
Just because political parties with divergent ideologies coming together cannot be a reason for not allowing them to prove their majority,” he said.
