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Journalism of Courage
The Chhattisgarh High Court on Friday stayed its own February 6 order seeking a response from the Raj Bhavan to a petition alleging delay by Governor Anusuiya Uikey in giving assent to Bills.
On Monday this week, the HC had issued a notice to the Union of India and Secretary in Governor Secretariat, seeking their reply on a writ petition alleging that the Governor was stalling the Chhattisgarh Public Service (Scheduled Castes, Scheduled Tribes and Other Backward Classes Reservation) Amendment Bill, 2022, which gives 76 per cent quota in government jobs and educational institutions. The Bill was passed on December 2 last year.
The writ petition was filed by state government on January 30, citing Article 200 of the Constitution, alleging that the Governor was acting contrary to it.
On Thursday, a petition was filed on behalf of the Governor, citing Article 361 (Protection of President and Governors and Rajpramukhs) of the Indian Constitution, claiming that even the Governor’s Secretary is protected from court orders while acting on behalf of the Governor. It relied on a 2016 order of the Supreme Court where a notice issued to a Governor had been recalled. The application sought that the HC set aside the February 6 order. After hearing the plea, High Court judge Rajani Dubey stayed the notice.
Sources in the Raj Bhavan said, “On the next date we will pray before HC to dismiss the writ petition against the Governor.”
A government official privy to the proceedings, requesting anonymity, said, “The situation is very alarming and Chhattisgarh is really facing a constitutional crisis and will have to be dealt in a constitutional manner. We will put forward our case before court on February 24.”
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