Ahmedabad: A public interest litigation (PIL) has been filed in the Gujarat High Court, demanding the recall of Governor Kamla Beniwal, saying that due process of law had not been followed in her appointment.
The PIL has been filed by a Lucknow-based lawyer, Asok Pande, who claims to be president of 'Hindu Personal Law Board'.
Pande has sought quashing of appointment, or a direction to the President and the Prime Minister to recall her.
He said the PIL would come up for hearing in 1-2 days.
The PIL contends that Kamla was appointed without obtaining the approval of Narendra Modi government, which was contrary to basic tenets of the Constitution.
In support, Pande has annexed transcripts of the debate on the process of appointment of Governor in the Constituent Assembly in 1947.
Except Jawaharlal Nehru, all the debaters favoured a consultation with Chief Minister before the appointment of the Governor, the PIL says.
The respondents in the PIL are President, Prime Minister, Union Home Secretary, State of Gujarat and Kamla herself.
Citing the recent appointment of Lokayukta by the Gujarat Governor (which has caused a face-off between Kamla and Modi) when she allegedly bypassed the state government, PIL says it shows that Governor had crossed the limits of democratic framework.
This action of the Governor was "unconstitutional", Pande says.
The PIL adds that Modi wrote to the Prime Minister, seeking Governor's recall, but no action has been taken on it.
The PIL also claims that process of appointment of the Governor by the President "on the recommendation of Home Ministry" was unconstitutional.
The reading of the Constituent Assembly debates makes it clear that the matter of appointment/ removal of Governor was in the purview of only the Prime Minister and the President.
According to the petitioner, candidate for the post should be finalised by the Prime Minister and the President; Home Ministry should not have any role.
But currently, the process starts with the ministry of Home Affairs, PIL states.
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