Gov’s ‘final’ warning to CM Bhagwant Mann: Reply to letters else can impose President’s rule

Earlier, in a strongly-worded letter to Mann, the Governor pointed out that he was yet to receive replies to his previous letters and told the CM that he had “reason to believe that there is failure of the Constitutional machinery” in the state and that he was contemplating writing to the President of India.

“Before I…take final decision regarding sending a report to the President of India under Article 356 about the failure of the Constitutional mechanism and take a decision about initiating criminal proceedings under Section 124 of the IPC, I ask you to send me the requisite information sought for under my letters…as also in the matter of the steps taken by you concerning the problem of drugs in the state, failing which I would have no choice but to take action according to law and the Constitution,” read the letter.

A state is brought under direct rule of the Centre with the invocation of Article 356, usually after a report is sent by the Governor. Section 124 of the IPC relates to assault or wrongfully restraining the President or a Governor from exercising their lawful duties.

Purohit said that he is bound by the “duty placed on the Governor under the Constitution to see that the administration is carried on a level, which would be regarded as good, efficient, impartial and honest,” and that the proposals enunciated by the government are not contrary to the law of the land.

“I have, therefore, to advise you, warn you and ask you to respond to my letters and give me the information sought by me,” Purohit said in the letter, which also released to the media.

Reminding Mann of a letter he wrote on August 1, the Governor said, “It appears that you are deliberately refusing to give the information asked by me.” He added that Article 167 of the Constitution makes it mandatory for the chief minister “to furnish all such information relating to the administration of affairs of the state as the Governor may call for”.

In his letter, the Governor claimed he has received reports from various agencies on rampant drug abuse in Punjab.
“It is common knowledge that they are available in chemist shops, a new trend is observed that they are being sold in the government controlled liquor vends,” Purohit wrote, citing recent action by the Narcotics Control Bureau (NCB) and Chandigarh Police in which 66 liquor vends in Ludhiana were sealed for selling drugs.

He also cited a parliamentary standing committee report on drug addiction in Punjab. “These facts point out to the “breaking down of the law and order system in Punjab” to the extent that villagers have now started protesting on the streets “setting up their own village defence committees” to protect themselves from drugs.
“Please send a report concerning the action taken by you in the matter of these drugs to my office immediately,” Purohit said.

He reminded the Mann of the Supreme Court verdict of February 28, 2023 which observed that both the CM and the Governor are constitutional functionaries and that “the Governor has a right to seek information from the CM in terms of Article 167(b) on matters relating to the administration of the affairs of the state and proposals for legislation”.

Article 167(b)of the Constitution allows the Governor to call for information.

“Far from supplying the information, you have exhibited absence of grace and decorum when you proceeded to make unnecessary and unwarranted observations demonstrating what may only be described as extreme animosity and personal prejudice against me personally, as also the office of the Governor,” Purohit wrote.

He also reminded Mann that “based on legal opinion”, he had informed the government that holding the two-day special session of Vidhan Sabha in June “without any agenda… would be unlawful, you went ahead with the extended budget session and proceeded to make derogatory remarks.”

Mann has then termed Governor’s letters as “love letters.”

Making a ground for action against the CM, Purohit said, “Through your derogatory remarks, you have attempted to restrain me from exercising the lawful powers conferred on me under Article 167 of the Constitution. Should I choose to do so, such action may also provide grounds for action under section 124 of the IPC.”

“This behaviour shows that you have not only disobeyed the provisions of the Constitution of India, but have acted in a manner that may be described as being contemptuous of the honourable Supreme Court.

In the light of the Supreme Court’s observations as to what would constitute the ‘dereliction of constitutional duty’ in terms of Article 167 (b), I am pained to point out that there is reason to believe that there is failure of the constitutional machinery in the state,” Purohit added.

AAP reaction

The ruling AAP in Punjab on Friday accused Governor Banwarilal Purohit of trying to interfere in the functioning of Punjab government over his “threat” to impose President’s rule in the state, and said this should be done in Manipur and Haryana instead.

Upset over Chief Minister Bhagwant Mann not answering his letters, Purohit warned that he could launch criminal proceedings and send a report to the President on the “failure of constitutional mechanism” in the state.

AAP chief spokesperson Malvinder Singh Kang said that the AAP government was working within Constitutional framework. “The Governor should maintain decorum and not threaten Article 356. If they want to implement President’s rule, it should be done in Manipur and Haryana.