Lucknow lawyer files PIL in Gujarat HC for Guv’s recall

Pande,a lawyer from Lucknow,has argued that under the constitutional provisions,if a person is not acceptable as Governor to the elected government of a province,he/she should not be posted in that state.

In his petition,Pande also contends that before appointing a person as Governor,the acceptance of the government of that state must be obtained.

The petitioner stated that in May 1949,the then Prime Minister of India Jawaharlal Nehru,in a Constituent Assembly debate,had given an undertaking that Governor who was not acceptable to government of province would not function over there. Pande argued it meant that as soon as the elected government of province desires for the recall of the Governor and sends a memorandum to President and the Prime Minister,the demand must be met.

To butress his point,Pande produced a letter dated September 1,2011 from Chief Minister Narendra Modi to the Prime Minister seeking recall of the Governor for her act of appointing Justice R A Mehta as the Lokayukta of Gujarat without consulting the Council of Ministers headed by the CM.