SHILLONG, NOV 19: The Meghalaya High Court on Thursday directed that the Meghalaya Governor should be ‘correctly advised’ on judicial matters pending in courts to avoid serious misunderstanding the high court. This direction came during the hearing on the dual posts seeking disqualification of legislators holding dual posts.
The direction came while hearing a Public Interest Litigation (PIL) filed by the Civil Society Women’s Organization (CSWO) president Agnes Kharshiing seeking disqualification of legislators, who are holding dual posts.
“However, keeping in view the respect that the office of Governor should deserve, for the present, we restrain from issuing any direction or making any observation, except that the Governor of Meghalaya should be correctly advised on judicial matters pending in Courts, or else it may create serious misunderstanding with the High Court,” the Division Bench, which comprising of the Chief Justice Uma Nath Singh, Justice TNK Singh and Justice SR Sen, said in its order issued on Thursday.
It also directed, “The order should be sent to the Principal Secretary to the Governor of Meghalaya, to place before the Governor, for perusal and appropriate orders to his Secretariat.”
The bench had issued the directive following a letter from the Principal Secretary to the Governor’s Secretariat, MS Rao to the Advocate General KS Kynjing today, which stated – “Under the provisions of Article 361 of the Constitution of India, the Governor is ‘not answerable to any Court’ for the exercise and performance of the powers and duties of his office.”
“Accordingly, the Governor has not permitted the undersigned (Principal Secretary) to appear before the High Court of Meghalaya along with the related file,” Rao stated in the letter.
The letter from Rao was produced by the advocate general during the hearing when he was asked to inform about the status of compliance of the order dated October 9, and the decision of the Governor of Meghalaya.
Kynjing was asked to advise the Secretary to the Governor to appear and tell the latest status of the file so that the court could proceed to decide the matter on merit.
On this, the bench said, “We are not oblivious of the provisions of Article 361 of the Constitution of India that the Governor is not answerable to any Court in the exercise and performance of powers and duties of the office, but there is nothing like absolute immunity from judicial inquiry as per law elucidated.”
“Moreover, that protection is not available to the Secretary to the Governor. We are given to understand that Rao is also holding the charge of Principal Secretary to the Government of Meghalaya and he had been only asked to appear and inform the status of decision making process and the reasons for indecision, if any, so that we could proceed to finally decide the matter,” the bench stated.- By Our Reporter
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