MLA Kupwara alleges ‘ultra-constitutional interference’ by CM’s Advisor, writes to CS

Srinagar, Jul 19: Member of Legislative Assembly (MLA) from Kupwara, Mir Mohammad Fayaz, has accused the Advisor to Chief Minister of Jammu & Kashmir of “ultra-constitutional interference” in the affairs of his constituency.The MLA has alleged that the advisor is acting beyond his mandate and “undermining” the authority of an elected representative.Fayaz said the advisor – referring to Nasir Aslam Wani – despite being unelected, has been summoning government officials, attending meetings meant for elected lawmakers, and influencing administrative decisions in the Kupwara constituency without any legal or constitutional backing.“The institution of MLA is a consultative pillar of democratic governance, empowered directly by the people’s mandate,” the letter addressed to Jammu and Kashmir Chief Secretary reads. “The advisor in question has no constitutional status to bypass or override the electoral verdict of the people of Kupwara.”The MLA further claimed that this advisor, who had contested and lost against him in the last assembly elections, is now being used by the ruling party to reverse the electoral outcome through bureaucratic backchannels. “He is a regular invitee to official meetings concerning Kupwara, where his inputs are entertained while mine are disregarded,” he said, calling this a “majoritarian assault on democracy.”Raising a red flag on the broader constitutional implications, Fayaz questioned whether a ruling party can extend its legislative power to a non-elected individual to undermine a lawfully elected opposition MLA.“I formally object to his presence in official meetings and his interference in constituency matters until his constitutional role is clearly defined,” he wrote.Citing the potential for legal escalation, the legislator warned, “If a satisfactory clarification is not given, I will be compelled to approach the courts to define the powers and privileges of MLAs and those of nominated advisors.”The MLA added, “This is not a personal battle, but a fight to preserve the dignity and autonomy of democratic institutions. I will not allow the institution of MLA Kupwara to be relegated to ornamental value.”