Centre wants Governor out of court net

The question arose in course of a petition challenging the dissolution of the Bihar Assembly on Governor Buta Singh’s recommendation.

Placing his views, the AG told the court that the protection under Article 361 would lie even against legal malafides. But in case there was a factual malafide, the court could look into it, he said.

Outlining the Centre’s position, Banerjee said even if the court wanted to scrutinise the Governor’s actions, it could do that only without making him a party and in such event the government concerned would take the responsibility to defend the action.

However, Additional Solicitor General Gopal Subramanium was categorical that no notice could be issued against the Governor whatever the circumstances. It was for the government to stand or perish according to the report, he said.

The differing views caught the court’s attention and it wondered why the two officers could not come to an agreement.

Arguing the case of the petitioner MLAs of the dissolved assembly, Senior Counsel Soli Sorabjee said there was no absolute immunity.

“Immunity is available to every act except those which are malafide and ultra vires,” he said.

During the course of the arguments, the court told the parties that the matter was important as any decision on the immunity enjoyed by the Governor would also have a bearing on the immunity of the President.

The bench also made it clear that it would like to have the petition disposed well before October 18, when Bihar goes to polls again.

“The decision must come before October 18 as so much money is spent on the election process and the rights of the electorates involved,” it said.

Today’s hearing also witnessed some lighter moments. What evoked laughter in the packed courtroom was Justice Pasayat’s remark that one more question ought to have been referred to the bench: whether Governors can be full-time or part-time politicians?

EC readies report on Buta appointments

NEW DELHI: A two-member Election Commission team returned from Patna last night after inquiring into complaints about appointments to statutory bodies made by Buta Singh in apparent violation of the Model Code of Conduct.

As reported by The Indian Express, the appointments were made on the same day the EC declared the election schedule and conduct code came into effect. The two-member team of EC consultant K J Rao and director Rajesh Aggarwal are expected to submit their report tomorrow, EC sources said.

Meanwhile, a high-level NDA delegation, including Bihar CM candidate Nitish Kumar and BJP’s state in-charge Arun Jaitley, met the EC to demand the cancellation of all appointments made by the Bihar Governor to various statutory bodies. — ENS