After the death of Mufti Mohammad Sayeed, the then CM of Jammu & Kashmir (J&K), there has been no progress in the formation of the new Government. In the meanwhile, Governor's Rule has been imposed in J&K. Governor's rule can be imposed in J&K when there is breakdown of constitutional machinery or no party is able to form the government. The President of India has to concur with Governor's opinion.
Documents provided by the Home Ministry in response to a RTI application reveal the entire chain of events leading to the imposition of Governor's Rule.
What happened after Mufti's death?
The Ministry of Home Affairs (MHA) has disclosed the communication between the Governor N N Vohra & MHA in response to a RTI application filed by Mr. Venkatesh Nayak of Delhi. From these documents, it is clear that the Governor communicated to both PDP & BJP about the need to form a government immediately.
Governor reminded both BJP & PDP multiple times
In his report to the President of India, the Governor mentioned that he spoke to both Mr. Nirmal Singh of BJP and Mr. Naeem Akthar of PDP during the last rites of Mr. Mufti Sayeed and appraised them about the constitutional requirements and the time frame for forming a new government.
He went onto say that Mr. Muzaffar Baig & Mr. Nizam-ud-Din Bhat from PDP met him at Srinagar Airport in the evening of 07th January. According to the report, Mr. Baig informed the Governor that he has a letter from his party PDP, intimating about the party's decision electing Ms. Mehbooba Mufti to be the next CM. But Mr. Baig did not submit the letter as he wanted to recheck and ensure that all PDP MLAs were in agreement with this decision.
New CM to be installed by the evening of 8th January
The Governor made it clear to Mr. Baig that the new CM had to be installed by the evening of 8th January and asked PDP to submit the following documents.
• Resolution of the PDP legislature party electing Ms. Mehbooba Mufti as their leader
• Communication from BJP endorsing PDP's decision
The Governor in his report mentioned that he waited till 1pm on 8th January and yet did not receive any communication from either the BJP or the PDP. He mentioned that fax communication was sent to both PDP & BJP at 1.30pm on 08th January.
The Governor also mentioned the discussion that Mr. Ram Madhav of BJP was having with the PDP. The report then goes onto say that no formal response has been received from either of the parties and that the governor has no option but to issue a proclamation for Governor's rule.
Concurrence by the President of India
Based on the Governor's report, the MHA recommended Governor's rule and sent the file to the President of India. The file noting has the signatures of the President, Prime Minister and also the Home Minister.
The President of India concurred with the Governor and thus Governor's rule was imposed in J&K.
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