By TwoCircles.net, Staff Reporter
Srinagar: A day after Jammu and Kashmir Chief Minister Mufti Mohammad Sayeed died, the state is heading towards Governor rule as his 56-year-old daughter and PDP MP Mehbooba Mufti is showing reluctance in immediately taking over as the first woman chief minister of J&K .
According to PDP insiders, Mehbooba is in grief and shock after the death of her father, who was admitted to in All India Institute of Medical Sciences Delhi, and had remained in its intensive care unit since December 24.
As of now, the Governor of J&K, N N Vohra, hasn’t yet issued any order of putting state under governor rule.
According to experts, a constitutional crisis in Jammu and Kashmir will be averted only if someone is quickly sworn in as the new chief minister after the death of Mufti Muhammad Sayeed.
“If Peoples Democratic Party president and Sayeed’s daughter Mehbooba Mufti insists on not taking oath till the end of mourning for her father on the fourth day (Sunday) as per Islamic traditions, Governor N.N. Vohra will have no option but to impose a short spell of governor’s rule,” senior lawyer Sheikh Shakeel told IANS.
“The governor will have to use extraordinary powers vested in him by the constitution to keep the assembly in suspended animation till he works out the possibility of a democratically elected government in Jammu and Kashmir,” he said.
Under the J&K constitution, the governor can assume the reins of the state for six months in case of a constitutional crisis whereas President’s rule is imposed in other states in the country.
“When head of the council of ministers (chief minister) in the state ceases to exist for whatever reason, the council also ceases to exist,” he added.
He said the party with the largest number of MLAs in the 87-member assembly must immediately approach the governor to claim support of the majority in the house.
“The governor will then invite the person for the swearing-in after satisfying himself about the claim’s genuineness. The person sworn in as chief minister later submits a list of council of ministers to the governor who will then administer the oath of office individually to each such member.”
Amid Mehbooba’s immediate indisposition to take over reins of state, the BJP’s Secretary General Ram Madhav reached out to Srinagar to condole demise of Mufti Mohammad Sayeed whereas state BJP leaders were kept waiting all day at states circuit house where Madhav was scheduled to convene a press conference.
According to sources, the BJP legislators are yet to forward letter of support to governor for backing Mehbooba Mufti as next CM of J&K.