PIL filed in Rajasthan HC against Guv’s decision to not convene Assembly session
The petition stated that the Council of Ministers had requested Governor Mishra thrice to convene the assembly session, but the plea was turned down on one pretext or the other.
A Jaipur-based lawyer filed a public interest litigation (PIL) in Rajasthan high court (HC) on Wednesday over the imbroglio regarding convening the assembly session by Governor Kalraj Mishra.
The PIL has not been listed for hearing yet.
The petition stated that the Council of Ministers had requested Governor Mishra thrice to convene the assembly session, but the plea was turned down on one pretext or the other.
“As per the settled law by the Supreme Court (SC) in the matter of Nabam Rebia and Bamang Felix versus Deputy Speaker case, it has been held by the apex court’s Constitution Bench that the Governor is under obligation as provided in the Constitution of India to accept the advice of the Council of the Ministers,” it said.
The petitioner further stated that it cannot be contended that the Governor has the freedom to determine when and under what circumstances he should exercise his discretionary powers without aid and advice of Chief Minister and his Council of Ministers that is enshrined in Article 163(2) of the Constitution.
The Governor is entitled to exercise discretionary powers under Article 163(1) of the Constitution., it added.
The petitioner has moved HC, seeking direction be given to Governor Mishra to convene the assembly session and Speaker CP Joshi be directed to follow the due procedure for legislative proceedings in a bid to end the prevailing constitutional deadlock.
Rajasthan has plunged into a political turmoil following an internal rebellion of 19 Congress lawmakers, headed by sacked deputy CM Sachin Pilot, against the Ashok Gehlot-led government, which started over two weeks ago.
The Raj Bhavan did not react to the PIL.
