SC dismisses petition challenging decision to dissolve J&K assembly

New Delhi: The Supreme Court on Monday dismissed a petition filed by former BJP MLA Gagan Bhagat which sought to challenge the decision to dissolve Jammu and Kashmir assembly.

The decision to dissolve the assembly was taken by Governor Satya Pal Malik on November 21, a move that was challenged by Bhagat. The apex court however said there was no merit in the petition, before dismissing it.

Last week, Bhagat had challenged Governor Malik's decision to dissolve the state assembly, calling it undemocratic. "It's the biggest joke in democracy that you keep assembly suspended for five months and when a party stakes claim to form the government, you dissolve it. This policy is incorrect and undemocratic," he had told news agency ANI.

Governor Malik's sudden move to dissolve the assembly had been questioned by many. PDP's Mehbooba Mufti, at the time, had sent that she had sent a fax to the Governor's office in which she had staked claim to form the government along with National Conference and Congress. She also claimed that she had been trying to get in touch with him on phone, but he was “not available”. She took to Twitter to make this known.

Governor Malik had subsequently defended his decision in a way that hinted he was under pressure from the BJP-led NDA. "Had I looked at Delhi, I would have had to invite Sajad Lone to form the government. But I did not want to go down in the history as a dishonest man. I don’t bother about the abuses now,” he had said. BJP ally Sajid Lone of the People's Conference too had staked claim to form the government. Governor Malik however said that he had dissolved the assembly due to the impossibility of the formation of a stable government.