The Jammu and Kashmir Lieutenant Governor's power to nominate five members to the assembly sparked a massive row ahead of the counting of votes today. The Congress, its ally National Conference and Mehbooba Mufti's Peoples' Democratic Party (PDP) contend that providing such powers to the Lieutenant Governor is a subversion of the people's mandate as it will be used to benefit the BJP.
The parties say exit polls have reinforced their fear. Exit polls have predicted a hung verdict but place the Congress-National Conference alliance ahead in the race.
The BJP, which went solo in the election, has never ruled Jammu and Kashmir on its own. After the 2014 election, it had formed government with the PDP, but pulled out of the alliance in 2018. The next year, it scrapped the Article 370 of the Constitution which gave Jammu and Kashmir its special status, and divided the state into two Union Territories – Jammu and Kashmir, and Ladakh. This is the first assembly election in Jammu and Kashmir in a decade.
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Non-BJP parties argue that the special power granted to Lieutenant Governor Manoj Sinha to nominate five members gives the BJP a shot at forming government in the erstwhile state.
Delimitation had levelled the ground to an extent for the BJP, with Jammu region getting 43 seats against Kashmir's 47. Five more MPs could give the BJP a huge advantage, the parties say.
After the Delimitation Commission increased the number of seats in the Union Territory, a new rule granted the Lt Governor powers to nominate five members – two women, two Kashmiri Pandits and a displaced person from the Pakistan Occupied Kashmir (POK) – to the Legislative Assembly, thus increasing the total number of seats to 95 and the majority mark to 48 – up from 46.
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These five nominated MLAs "will hold full legislative powers and privileges, just like elected representatives," the order had said.
The Congress ad vehemently opposed the move, saying "Any such move is an assault on democracy, the people's mandate, and the fundamental principles of the Constitution".
The National Conference has said it will approach the Supreme Court if this happens. "What they want to do, I do not know. However, if they do it, we will go to the Supreme Court. What is the point in making the government, if the Lord Sahib remains here? We have to fight against all this," party patriarch and former chief minister Farooq Abdullah said.
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PDP leader Iltija Mufti said giving power to the Lieutenant Governor to nominate five members was "brazen pre-result rigging" of the polls.
"All of the five MLAs nominated by LG are BJP members or associated with the party. Brazen pre result rigging & shameful manipulation," she posted on X, formerly Twitter.
