Governor’s rule imminent

Jammu and Kashmir is set to slip into Governor’s rule after Omar Abdullah decided to step down as the caretaker chief minister with political parties failing to cobble up the numbers to form the government in the state.
The stage was set for imposition of Governor’s rule after Omar announced his decision on Twitter.
“Just to confirm I did meet Gov Vohra sahib last night & ask him to relieve me as caretaker CM. I had agreed to stay temporarily I had assumed govt formation would be a matter of a week or 10. Today we seem even further away from that goal than we were 10 days ago.
“Given the situation on the border with 10,000 displaced, the hardships of winter & the continuing need for relief for flood affected I believe the interests of the state will only be served by a full time administrator & not a caretaker with no mandate to govern. It is now for the @jkpdp to explain to the people that with 28 MLAs & offers of support from 2 other parties why the state has central rule (sic),” Omar tweeted.
Meanwhile, sources in Raj Bhavan said Governor Narendra Nath Vohra, who is in New Delhi since Wednesday, has recommended imposition of Governor’s rule in the State.
The sources said Jammu and Kashmir would slip into Governor’s rule at the earliest.
They said Governor Vohra presented the report to the Home Ministry on why J&K should have Governor’s rule now.
The Home Ministry would present the case before the cabinet and on their recommendations, the President would approve it.
Talking to Rising Kashmir, Principal Secretary to Governor, Rakesh Kumar Gupta said the Governor had met Omar Abdullah in New Delhi.
After his return from London, Omar Wednesday evening met the Governor and asked him to relieve him of the duties of caretaker chief minister.
By January 19, an elected government had to be in place failing which Governor’s rule would have been imposed.
However, things have changed after Omar’s meeting with the Governor.
Advocate General, Muhammad Ishaq Qadri said, as per the law, there has to either be a Chief Minister, a care taker chief minister or the Governor’s rule.
“After chief minister declined to continue as the care taker chief minister, the Governor has no choice but to implement Governor’s rule in the State,” Qadri said.
In 2002 too when the results had thrown up a hung house, Omar’ father and three-time chief minister Farooq Abdullah had also resigned and said he would not remain the caretaker chief minister following which the then Governor Girish Chandra Saxena had imposed Governor’s rule in the State.
Later on, PDP which had 16 seats had managed to cobble up the numbers and form the government.
Qadri said Governor Vohra cannot force Omar Abdullah to continue as the caretaker chief minister.
“There is a vacuum and it has to be filled,” he said. “The State cannot be kept without a head.”
The sources said that Omar Abdullah’s continuing as the caretaker chief minister would not have been morally justified.
“There are pressures on the caretaker CM and usually he has to remain in the office between a week and 10 days,” he said.
In 1979, the Supreme Court had determined the parameters for the care taker chief minister stating that they cannot pass a policy decision but only look after the day-to-day affairs of the State.
Qadri said the Governor cannot keep the State in an indefinite position and needed to take the decision of imposing Governor’s rule expeditiously.
“However, unless the Governor does not relieve the caretaker chief minister of his duties, he continues to be in office,” he said.
Law Secretary, Muhammad Ashraf Mir said following Omar Abdullah’s request to Vohra, Governor’s rule was imminent.