Former BJP MLA Gagan Bhagat, who was suspended by the party in August this year, challenged on Thursday the dissolution of Jammu and Kashmir Assembly by Governor Satya Pal Malik in the Supreme Court.
He filed a writ petition in the apex court through his advocate D Mahesh Babu said, “I found the dissolution of J&K Assembly at the eleventh hour unconstitutional. So, I have filed a writ petition in SC to challenge the same.”
Asked how he found the Governor’s move “unconstitutional”, Bhagat said, “If Mehbooba Mufti and Sajjad Lone had claimed that they had numbers to form the government, they should have been invited by the Governor to prove their claim. This is what democracy is all about.”
“The Governor kept the Assembly in the suspended animation mode for five months and when parties claimed to form the government, he dissolved the Assembly. Something was fishy in this and this promoted me to challenge the Governor’s move.”
Replying to another query about Governor’s assertion that neither Mehbooba nor Lone approached him personally to discuss the government formation and that they only discussed it (government formation) on twitter and other social media sites, he said, “Even if they had claimed to form government on social media sites, they should have been given a chance.”
“The other thing I found fishy was Governor’s claim that his fax machine was not working on the day Mehbooba Mufti claimed that her fax was not received at Raj Bhawan,” Bhagat said, adding, “Let us assume that his fax was not actually working and there was no employee at Raj Bhawan that day. But if it was true, how did Governor issue another order regarding dissolution of Assembly the same day?”
Another dissident BJP MLA comes out in open support for Gagan Bhagat on challenge to dissolution of JK Assembly