HC dismisses plea against Governor continuing office

A petition by H R Vishwanath and R Rajanna, both advocates, stated that Khurshid Alam Khan was appointed as Governor of the state on September 21, 1994 for a second term for a period of five years and the tenure ended on September 21, 1999. Even after the expiry of the period he is continuing as Governor.

The petitioners pointed out that since the tenure of 5 years had expired, his continuation as Governor would be against public interest and in violation of the Constitution.

Dismissing the petition at the preliminary stage itself, the court observed that under Article 1563 of the Constitution, the term of office of a Governor was 5 years, but a provision to the Clause added that not withstanding the expiry of the term of office, a Governor could continue in office till his successor was appointed and entered the office.

The petitioners while questioning the constitutional validity on the Governor8217;s continuance in the office, had also sought the court to pass an interm order asking the respondent not to function as the Governor of the state.