In the recent past, some esteemed Judges had cautioned against the subverting of constitution and the powers granted by the constitution. They had felt ever since BJP came to power in the centre, democracy was under threat. Extra constitutional powers were constantly attempting to destabilize the democracy and democratic institutions. Today, assembly elections in Karnataka are a big example of this subversion in progress. It is no secret that the raids conducted in the run up to the elections using IT and other agencies were done for political reasons. Even after all this, BJP didn’t get a full majority, but had to be satisfied with 104 seats, at least nine seats short of the majority. Now the governor Vajubhai Vala has invited B S Yeddyurappa, the Karnataka leader of this party to form the government. This has obviously created anxiety among activists who fight to retain the spirit of democracy. Opinions that governor’s decision to allow one party to form the government and then take time or be given time to prove majority on the floor will give rise to ‘horse trading’ are not too far from the truth either. HD Kumaraswamy of JD(S) has already said his party members are being offered Rs 100 crore to defect and join the BJP.   

One interpretation is that BJP legislative party leader BS Yeddyurappa is being invited to form the government against the people’s mandate since the party did not get absolute majority. This morning he may even take oath to the office of the Chief Minister of Karnataka. If this happens, it would create a very bad precedence. The governor may claim he invited the single largest party to form the government with 104 members. If this was the case, why was it not followed in the case of Goa which has 40 seats where Congress was in majority with 17 members over the BJP and its allies? When this matter was taken to the Supreme Court, even the court upheld the decision of the governor. The same case repeated in Manipur where Cong emerged as the single largest party. BJP with just two members was allowed to form the government with allies. Meghalaya too favoured Congress with 21 seats, but the party was denied the opportunity to form the government. BJP and allies formed the government there too. Union minister Jaitley said this was a constitutionally appropriate measure. Same thing repeated in Nagaland too where Cong emerged as the biggest party but was denied the opportunity to form the government. But one needs to know why the same rule cannot be applied in Karnataka too? JD(S) and Congress together have submitted a list of MLAs in their support to the governor, to stake claim to form a government. Governor needs to give them an opportunity to show solidarity at least. But then this is not being done.

Elected governments have to be formed under the very rules laid down by the constitution. But the happenings after the conclusion of assembly elections in Karnataka are quite appalling. The person who occupies the chair of a prime minister says he would not allow the JD(S) and Congress to form the government. This amounts to directly influencing the governor who has invited the party without majority to form the government. All these aspects do not hold up the spirit of democracy. The governor is not concerned about how the leader of this party would even prove majority on the floor later. Because there are not too many independent MLAs in Karnataka at the moment except for one and that number is not sufficient to achieve majority.

Now horse trading will have to be done between JD(S) and Congress MLAs. This move by the governor will give rise to all probabilities of this happening. Amit Shah is in Karnataka to achieve this very goal. Though no party has got absolute majority, nearly 64% of the voters have favoured secular parties. BJP could secure only 36.2% votes among the ones polled. Now when secular forces have come together to form the government, the governor should allow this to happen acting in the spirit of democracy. But the governor Vajubhai Vala comes from the Sangh Parivar background and was a minister in PM Narendra Modi’s government. But whatever be his history, he has to be impartial when he sits in the office of the governor. There are many examples on how a governor should take decisions in political situations like this. In 1998 when a similar situation had arisen, President K R Narayanan had allowed time to Atal Behari Vajpayee’s government to prove majority on the floor. Then the BJP had accepted this. Even now, the same parameter must be followed, Kumaraswamy and his allies should be allowed to form the government. Else, he would be committing a major blunder on this matter and would be failing the constitution as well as democracy.        

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Dehradun, Nov 8: Tonnes of untreated waste continues to be dumped at the landfill sites around the famous Himalayan temple of Kedarnath, causing concern among those who care for the environment as the area is eco-sensitive.

A total of 49.18 tonnes of unprocessed garbage generated in Kedarnath was dumped at the two landfill sites near the temple between 2022 and 2024, an RTI query filed by a Noida-based environmentalist has revealed.

The non-processed garbage generated in the area also showed a rising trend during the period, with 13.2 tonnes of untreated waste generated in 2022, 18.48 tonnes in 2023 and 17.5 tonnes so far this year, according to the Uttarakhand government's response to the query filed under the Right to Information (RTI) Act.

Besides, the eco-sensitive area also generated 23.3 tonnes of inorganic garbage during the period.

However, all of it was processed or recycled, the public information officer of the Kedarnath Nagar Panchayat said in response to the RTI query filed by Amit Gupta.

"The RTI data is shocking both in terms of the quantity of garbage generated and the manner in which it has been left untreated. It proves once again that there is no proper garbage management system in Kedarnath, which is an eco-sensitive area," Gupta said.

"The temple is situated at a height of 12,000 feet, where there are also glaciers. The eco-sensitivity of the area is beyond doubt. The lack of a proper garbage management system in Kedarnath even figured in Prime Minister Narendra Modi's Mann Ki Baat programme last year. Still nothing is being done by the authorities on the ground to transport the plastic waste to the plains and process it," he said.

The two landfill sites near the temple are reaching their saturation point. If things continue in this manner, another tragedy like the 2013 disaster is unavoidable, the activist said.

What makes the situation even more worrying is that the response to the RTI query claims that no complaint was registered or action taken during the period against garbage disposal in an irresponsible manner.

"I have myself been writing to the authorities for the last two years on the garbage issue in Kedarnath. At least half-a-dozen complaints have been filed by me only," Gupta said.

"The NGT and the NMCG have also taken note of my complaints. Sharing my concern, they directed the authorities to do something to rid the holy place located in the ecologically-fragile Himalayas of untreated waste by setting up enough sewage treatment plants in Kedarnath," he added.

The National Mission for Clean Ganga (NMCG) has also written to the Rudraprayag district administration, asking it to take necessary steps to stop the rising pollution levels of the Mandakini river, which flows near the Himalayan temple.

The NMCG issued the directions to the district administration on a complaint filed by Gupta on the basis of an RTI query, which revealed that the absence of sewage treatment plants in Kedarnath is leading to rising pollution levels in the Mandakini, a tributary of the Ganga, with untreated waste being released directly into it.