Deemed to have ceased to hold office of Speaker w.e.f. Oct 31, 2019
*Govt issues notification
Neeraj Rohmetra
JAMMU, Nov 16: Putting all speculations and confusions to rest, the Government of Jammu and Kashmir has made it clear that Dr Nirmal Singh was no more Speaker of the Legislative Assembly after re-organization of the State into Union Territories of J&K and Ladakh with effect from October 31, 2019.
Dr Nirmal Singh, Speaker of the Legislative Assembly of the erstwhile State of Jammu and Kashmir shall be deemed to have ceased to hold the office of Speaker of the erstwhile State of J&K with effect from 31st October, 2019, says the notification, issued today by the Department of Law, Justice and Parliamentary Affairs, J&K Government.
The said notification was issued after the matter was thoroughly examined by the Department in consultation with the Advocate General of the Union Territory of Jammu and Kashmir.
“The legal position, which has emerged is that the Speaker of the Legislative Assembly of the erstwhile State of J&K cannot hold the said office after the re-organization of the State into the Union Territory of J&K and Union Territory of Ladakh with effect from 31-10-2019,” read the notification.
Pertinent to mention that former Deputy Chief Minister and then MLA Billawar, Dr Nirmal Singh was elected as Speaker of the Legislative Assembly of erstwhile J&K State on May 10,2018. He was appointed Speaker under Section 57 of the Constitution of Jammu and Kashmir.
Even after dissolution of the Legislative Assembly by then Governor N N Vohra on November 21, 2018, Dr Nirmal Singh continued as the Speaker in terms of Section 58 of the Constitution of Jammu and Kashmir.
After enactment of the Jammu and Kashmir Re-organization Act, 2019, with effect from October 31, 2019, the appointment of Speaker of the Legislative Assembly and all other matters related to the Legislative Assembly of the Union Territory of Jammu and Kashmir are governed by Section 17 to 26 of the said Act.
However, the President of India, while exercising his powers under Section 73 of the Jammu and Kashmir Re-organization Act, 2019, has, vide Order made under S.O. No. 3937, dated 31st October, 2019 suspended the provisions of Section 17 to 26 of the said Act relating to Legislative Assembly, including the appointment of Speaker and his continuation in office.
Therefore, in view of these facts, the legal position emerged that the Speaker of Legislative Assembly of the erstwhile State of J&K cannot hold the said office after the re-organization of the State into the Union Territories of J&K and Ladakh with effect from October 31, 2019.
“Accordingly, Dr Nirmal Singh shall be deemed to have ceased to hold the office of Speaker of the erstwhile State of Jammu and Kashmir with effect from 31st October, 2019,” says the Government notification number LD(PAB)2019/12, issued by the Secretary, Department of Law, Justice and Parliamentary Affairs, J&K Government.
The issuance of this Government notification has put all speculations and confusion with regard to Dr Nirmal Singh as Speaker of the Legislative Assembly to rest.
It may be recalled that even after re-organization of the State into two Union Territories of J&K and Ladakh on October 31, 2019, Dr Nirmal Singh claimed to have continued as Speaker of the Legislative Assembly and held the office at Winter Capital of the State after the Darbar re-opened here on November 4, notwithstanding widespread criticism of the same by some non-BJP leaders.
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