Political row erupts over possible nomination of five MLAs before govt formation in J&K

Oppunites against move; call it ‘undemocratic, a fraud on the people’s mandate’; intense lobbying within BJP for nominated seats

Jammu: Even as results of the recently conducted Assembly polls are yet to be declared, a massive political controversy has emerged regarding the potential nomination of five MLAs to the legislative assembly before government formation, with opposition parties warning the BJP against any such move which, they termed, as “an attempt to commit fraud with democracy and people’s mandate”.
Moreover, insiders revealed The News Now that a race has set off within the BJP ranks to secure a berth in the legislative assembly through five nominated seats, comprising two are reserved for displaced Kashmiri Pandits (one each for male and female) and two women, and a single seat for displaced persons from Pakistan occupied Jammu and Kashmir (POJK).
“Hectic lobbying has already begun within the party to get a berth in the legislative assembly through nominated seats. The aspirants are leaving no effort spared to convince the party's high command. Senior leaders from the Kashmiri Pandit community and women leaders of the party are toiling hard to get a mandate in their favour. Additionally, the race has also started for the single seat reserved for displaced persons from POJK,” sources said.
Amid growing speculation about the possible nomination of five MLAs before government formation in Jammu and Kashmir, opposition parties have vehemently opposed any such move.
In an emergency press conference, Congress leaders described any such move as “an attempt to commit fraud with democracy and mandate of people, as well as the basic spirit of constitution”.
“Any such attempt shows the desperation of BJP to manipulate numbers, although BJP in no way can form the government by any means. As per the Constitution, the Lieutenant Governor has to act on the aid and advice of the council of ministers. The Lieutenant Governor has to nominate five MLAs after the new government takes over and recommends the names for the nomination. It will be a misuse of the provision of nomination, if it is used to convert the majority into minority and vice-versa if any such situation emerges after counting,” Congress chief spokesperson Ravinder Sharma said.
Flanked by JKPCC working President Raman Bhalla, and other leaders, Sharma said the Congress-NC would get a comfortable majority to form the government but “this move (of nominating MLAs) before government formation is anti-democratic and a fraud with democracy and mandate of the people, who have cast their votes to elect 90 MlAs to form government by the majority”.
The National Conference also raised strong objections against the nomination of MLAs to the Legislative Assembly by the Lieutenant Governor, describing the move as “unconstitutional and undemocratic”.
“The powers to nominate five MLAs lie solely with an elected government. These powers cannot be exercised by the Lieutenant Governor in the absence of an elected body,” senior NC leader Rattan Lal Gupta said.
Similarly, the Peoples Democratic Party (PDP) also criticized the BJP’s purported move to nominate five MLAs before government formation in Jammu and Kashmir, calling it “a direct affront to democracy”.
“Elected members represent the will of the people, and they cannot be substituted by nominees chosen by the Lieutenant Governor. This move is not just unhealthy, but it’s also an insult to the democratic institution in the region. It appears the BJP is playing a dangerous game with national interests by undermining the essence of elections,” senior PDP leader Dr. Mehboob Beg told a news agency.
The displaced persons from POJK have also cautioned against the nomination of a political leader for the single seat reserved in the Legislative assembly for their community of over 12 lakh refugees.
“We urge the Lieutenant Governor to refrain from appointing a political candidate for this seat. Any political appointment for this seat would make the POJK displaced persons vulnerable to losing their rights which they have partially secured after nearly three decades of struggle,” Rajiv Chuni, chairman of the SOS International, said.
“The reserved seat in J&K Legislative Assembly should not be treated as a political sanctuary for any individual. It must instead serve its intended purpose of genuinely representing the interests of the displaced community. If we truly want to address the needs of PoJK refugees, a non-political nominee should be considered,” Chuni said after submitting a memorandum to the Lieutenant Governor.
According to the Jammu and Kashmir Reorganization Act 2019, the Lieutenant Governor may nominate two women MLAs if they are deemed underrepresented in the Assembly, as stated in Part III, Section 15 of the Act under “Representation of Women”.
Furthermore, the Jammu and Kashmir Reorganization (Amendment) Act 2023 allows for the nomination of two MLAs representing Kashmiri migrants and one representing displaced persons from Pakistan-Occupied Jammu and Kashmir (PoJK). These provisions enable the Lieutenant Governor to nominate two members from the Kashmiri migrant community, including a woman, and a member from the PoJK displaced persons.
The nominated MLAs will have full legislative powers, equivalent to elected MLAs, marking a historic step toward including these underrepresented communities in the political process.
With the nomination of five MLAs, the J&K Legislative Assembly will expand to 95 members, including 90 elected MLAs, raising the majority threshold for government formation to 48 seats. The Lieutenant Governor will nominate the five members based on recommendations from the Union Home Ministry, following the provisions outlined in the amendments to the Jammu and Kashmir Reorganization Act, 2019.
After amendments to the Jammu and Kashmir Reorganization Act, Article 239-A of the Constitution, which applied to the Union Territory of Puducherry, now also applies to Jammu and Kashmir. This article allows for a legislature that may be partly nominated and partly elected, and a Council of Ministers.
The counting of votes is scheduled for October 8. Political parties are closely watching how the nomination process unfolds after the declaration of results, with the possibility of government formation as early as October 15.

Updated On 10/5/2024 3:43:09 AM