In a strongly worded letter raising serious constitutional and political concerns, the sitting MLA from Kupwara Mir Mohammad Fayaz has accused the advisor to the Chief Minister of Jammu & Kashmir of “ultra-constitutional interference” in the affairs of his constituency. The MLA has alleged that the advisor, a former political rival who lost the recently held Assembly election against him, is acting beyond his mandate and “undermining” the authority of an elected representative.
The MLA Kupwara, asserts that the advisor, 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.”
Fayaz further claims 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,” Fayaz stated, calling this a “majoritarian assault on democracy.”
Raising a red flag on the broader constitutional implications, MLA Kupwara 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 advisor’s.”
The MLA emphasized that 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,” he said.
