BS Koshyari writes back saying he can’t be pressured to give consent to Speaker’s poll process which appears to be unconstitutional and illegal
The heated exchange of words between Chief Minister Uddhav Thackeray (left) and Governor BS Koshyari have been going on ever since the formation of MVA. File pic
Refusing assent for holding the state Assembly speaker’s election in the just concluded winter session of the state legislature, Governor Bhagat Singh Koshyari said that the letter that Chief Minister Uddhav Thackeray wrote to him had an intemperate tone and threatening tenor, which has belittled and denigrated the highest Constitutional office of the state.
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After receiving the governor’s final refusal, the government, on Tuesday, postponed the election. The governor had earlier objected to the proposed changes to the election process, saying that he needed to examine the legal validity of the amendment that appeared to be unconstitutional. The MVA partners accused the governor of toeing the BJP’s line.
After his first refusal, a delegation of senior ministers met with the governor on Sunday and the government too sent a couple of reminders, including a strongly-worded letter by CM Thackeray, who is learnt to have challenged the governor’s move to interfere in legislative business, on December 27.
Governor Koshyari responded a day later, saying, “I have never questioned the prerogative of the house in the matter of its procedure/proceedings; however, I cannot be pressured to give consent to a process which prima facie appears to be unconstitutional and illegal as enshrined in the Article 208 of the Constitution.”
The governor said that he has taken the solemn oath to preserve, protect and defend the Constitution under Article 159. He added, “It is also noteworthy to mention that you have taken nearly 11 months to initiate the process of election of speaker and the Maharashtra Assembly Rules 6 and 7 have been amended drastically. Thus, the impact of these far-reaching amendments needs to be examined legally.”
The governor concluded, “I am personally pained and dismayed to see the intemperate tone and threatening tenor of your letter which has belittled and denigrated the highest Constitutional Office of the Governor.”
Naseem Khan, working president of the state Congress, demanded that Koshyari be removed from office, saying he was acting like a political leader in a Constitutional office. “Koshyari is interfering in the MVA’s affairs. Since there is no harmony between the elected government and Raj Bhavan, Koshyari should be removed,” he said.
“The Governor has made the Speaker’s election a matter of personal prestige. Though the government treats the governor with due respect, he hasn’t been cooperating. Instead he is running a parallel government from Raj Bhavan,” added Khan.
The heated exchange between the state and governor has been continuing ever since the Maha Vikas Aghadi took shape. Recently, the government passed a bill to curtail the governor’s power to appoint vice-chancellors to universities. Earlier, in a letter to the CM in October, Koshyari had wondered if Thackeray was receiving any divine premonition to keep postponing reopening of religious places or if he had suddenly turned ‘secular’.
Koshyari was also reported to the Prime Minister for overstepping his powers and delaying the appointment of 12 government nominees to the Legislative council.
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