Updated November 17th, 2019 at 17:12 IST

Lt Governor puts speculations to rest, confirms Dr Nirmal Singh no longer speaker of J&K

Ending speculations after the state was bifurcated, the administration of the Lt Governor as ordered that the incumbent speaker will cease to hold the position.

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Ending speculations over the fate of the speaker of Jammu and Kashmir legislative assembly after the erstwhile state was bifurcated into two union territories, the administration of the Lt Governor as ordered that the incumbent speaker will cease to hold the position.

On August 5, the parliament of the country abrogated the discriminatory article 370 of the constitution and bifurcated the state of Jammu and Kashmir into two union territories, through the Jammu and Kashmir reorganisation Act 2019 that came into effect from October 31, 2019. However post the implementation of the Jammu and Kashmir reorganisation Act 2019, there was confusion on the fate of the speaker of the legislative assembly, the post that was being held by the senior BJP leader Dr Nirmal Singh.

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'Dr Singh will no longer continue as the Speaker of Legislative Assembly'

Until November 16, Dr Singh was being provided with all the protocol that is being extended to the speaker of any state and he even visited the chambers of the speaker at the civil secretariat in Jammu after the “Darbar” shifted here. Now the administration of the Lt Governor, of the Union Territory of Jammu and Kashmir has issued an order stating that Dr Singh will no longer continue to hold the position of the Speaker of the legislative assembly.

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“Whereas Dr Nirmal Singh was appointed as Speaker of the Legislative Assembly of the erstwhile state of Jammu and Kashmir under Section 57 of the constitution of Jammu and Kashmir. After the dissolution of the Legislative Assembly, Dr Nirmal Singh continued as Speaker in terms of section 58 of the constitution of Jammu and Kashmir” the notification issued by the Department of Law, Justice and Parliamentary Affairs Government of Jammu and Kashmir on November 16 read.

It further read that Whereas, after enactment of the Jammu and Kashmir reorganisation Act, 2019 with effect from October 31, 2019, the appointment of the speaker of the legislative assembly and all other matters related to the legislative assembly of the union territory of Jammu and Kashmir will be governed by Section 17 to 26 of the said act.

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“Whereas the president of India, while exercising his powers under section 73 of the Jammu and Kashmir reorganization act 2019 has vide order made under SO No 3937 dated 31 October 2019, suspended the provisions of sections 17 to 26 of the said Act relating to legislative assembly including the appointment  of speaker and his continuation in office”, it further read.

It read that the matter has been examined in consultation with the Learned Advocate General of the Union Territory of Jammu and Kashmir and the legal position which has emerged is that the speaker of the Legislative Assembly of the erstwhile state of Jammu and Kashmir cannot hold the said office after the reorganization of the state of Jammu and Kashmir into the Union Territory of Jammu and Kashmir and the Union Territory of Ladakh with effect from October 31, 2019.

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“Accordingly, 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 the speaker of the erstwhile state of Jammu and Kashmir with effect from 31 October, 2019” the order issued by the Lt Governor of Jammu and Kashmir concludes.

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Published November 17th, 2019 at 14:21 IST