Sanjeev Pargal
JAMMU, July 3: Mountain locked Kargil district has plunged into deep political crisis today with Deputy Commissioner Hassan Khan, who serves as Chief Executive Officer (CEO) to Ladakh Autonomous Hill Development Council (LAHDC), Kargil virtually freezing powers of the present Council without conducting any floor test while Kacho Ahmad Ali Khan, an Independent Councilor from Yourbaltak, who has joined the PDP reportedly planning to topple the Council with the support of Congress and some Independent Councilors.
Though Ladakh Affairs Ministry of the J&K Government has sent entire case to the Law Department for their opinion, the NC and Congress, who ran State Government for six years till 2014 and still enjoyed good relations in the Legislature as well as outside, have come face to face with Congress and its supporters planning to topple the NC backed Council in Kargil.
Official sources told the Excelsior that the fresh political crisis has erupted in Kargil after the Deputy Commissioner/CEO LAHDC, Kargil Hassan Khan issued a circular freezing all powers of the Council citing withdrawal of support to Haji Hanifa Mohammad Jan led Council by Kacho Ahmad Ali Khan and letter written by 15 Councilors led by Congress for dissolution of the Council, which has been reduced to minority.
The circular said the issue to prove majority on floor of the House has been referred to the State Government in Ladakh Affairs Department.
“The present Executive Council is issuing orders/ directions despite being in minority as there was no provision of caretaker Executive Council under the LAHDC Act and rules. Therefore, all Heads of Departments will remain cautious in taking action on such orders/directions so that the department/ officers may not face legal problem,’’ the DC’s Circular said.
Sources said the Circular indirectly has freezed powers of the Council by directing the officials to remain cautious in taking action on the orders of the Council.
Chief Executive Councilor (CEC) of LAHDC, Kargil, Haji Hanifa Mohammad Jan told the Excelsior on telephone from Kargil that the DC’s order “freezing their powers” was “completely illegal” as the Council hasn’t been reduced to minority since neither any floor test has been conducted nor the Council has been asked to prove majority.
“Let the CEO/DC convene meeting of the House and we will prove our majority,” Jan said, adding they were going to challenge the Deputy Commis-sioner’s order in the court of law within the next couple of days.
Ladakh Affairs Department Minister Chering Dorjey, when approached for comments on the entire controversy, said the Chief Secretary has given his opinion that there was no provision of conducting floor test in the wake of withdrawal of support in the LAHDC Act.
“Now, we have sent the entire case to the Law Department for their opinion, which we are expecting in next couple of days. As soon as the Law Department’s opinion is received, we will immediately take a decision on the LAHDC Kargil,’’ he said.
On whether the BJP has any objections over PDP-Congress alliance in the LAHDC Kargil as his party was running coalition with PDP in J&K, Dorjey, a BJP MLC, said: “we have no objections to any Council provided they have majority and prove it’’.
Presently Haji Hanifa Mohammad Jan led Council has support of 8 NC Councilors, 4 Nominated Councilors (all of whom belonged to the NC) and three Independents including Jan himself, totaling 15.
On the other, Congress has 11 Councilors and support of three Independents totaling 14. With Kacho Ahmad Ali Khan, a PDP leader, though an Independent Councilor, being projected as the new CEC, their strength will too come to 15. Both the camps will need support of one Independent to form the Council.
Congress MLA from Kargil and former CEC, Asgar Ali Karblaie who had run the Council with 15 members before being elected as the MLA, said the Congress was yet to take decision on formation of the Council or extending support to any individual.
“We will take a decision whenever the Council meeting is convened,’’ Karblaie said. Similar were the views of Congress district president for Kargil Ghulam Raza, who had lost the last Parliamentary election from Ladakh with just 32 votes.
Meanwhile, sitting CEC LAHDC Kargil and his all four Executive Councilors GR Nagvi, A Abass Razvi, T Angdus and Mohsin Ali have shot off a strong worded letter to the DC/CEO LAHDC Kargil describing the Circular issued by him as “completely illegal’’ saying a simple representation of a group of Councilors or an application of withdrawal of support from a particular Councilor doesn’t mean that the Executive body has been reduced to minority.
Re-producing Section 27, Sub Section 2 of LAHDC Act, they said the chairperson may be removed from office by resolution carried by a majority of the total number of members at a special meeting of the Council called for the purpose upon a requisition made in writing by not less than one-third of members.
Asserting that till majority or minority is proved in a special meeting fixed by the Council, the existing Executive body will continue to remain in power, the CEC and his four Executive Councilors called upon the officers not to follow the DC’s Circular and maintained that the orders issued by the Council will remain valid. They also asked the DC/CEO to withdraw the illegal Circular, otherwise, they will take up the matter with competent authority as well as in the court of law.
The CEC LAHDC Kargil enjoys the powers of Cabinet Minister while his Executive Councilors have the powers of Deputy Minister.
Meanwhile, 15 Councilors, who have written to the DC/CEO seeking dissolution of the Executive body of the LAHDC Kargil and fresh election for Chairman/ CEC LAHDC Kargil, have cited in their letter the withdrawal of support by Kacho Ahmad Ali Khan. They have sought that the DC facilitate the process of fixing date for fresh election of the Chairman/ CEC.
The signatories included Kacho Ahmad Khan, eight Congress Councilors and three Independents.
The LAHDC Kargil still has nearly half of the tenure left.
The LAHDC Kargil was mired in the controversy right from the Day 1 after the elections in September 2013 as the National Conference despite having majority was asked not to form the Council by NC president Dr Farooq Abdullah while the Congress was allowed to form it despite not having majority mark of 16. This was done to end differences between National Conference and Congress, then coalition partners in Omar Abdullah headed Government.
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