Jabalpur, Sep 17 The Madhya Pradesh High Court on Thursday dismissed a PIL seeking appointment of a new governor after the completion of the incumbent's five-year term.
A division bench of Justices Anand Pathak and BP Sharma, while dismissing the petition, said Article 156(3) of the Constitution provides for a governor to continue in office even after completion of term until the successor assumes charge. Therefore, no constitutional vacancy exists in the office of the governor, the bench said.
The petition, filed on behalf of retired Jabalpur Jawaharlal Nehru Agricultural University professor Dr MA Khan, claimed the incumbent governor's five-year term ended on July 7 this year and sought a direction to the Centre to appoint a new governor.
The plea said the governor holds an important constitutional position and is also the chancellor of universities and an appellate authority for orders passed by the state government.
Khan, in his plaea, also sought that the Chief Justice of the High Court be given charge of the governor's office until the appointment of a new governor.
The division bench, referring to the Supreme Court's judgment in Krishna Ballabh Sahay vs Commission of Inquiry and Others, said Article 156(3) allows the governor to continue in office until the successor assumes charge.
The Constitution does not envisage a situation in which the office of governor remains vacant, it said.
The bench also observed that the petitioner had not disclosed his credentials as a public-spirited citizen, as required under Chapter 10, Rule 27 of the Madhya Pradesh High Court Rules, 2008.
The bench said that delay in appointing a governor could lead to an inference that there had been a failure to act in accordance with the Constitution, but dismissed the petition as devoid of merit.
Additional Solicitor General Sunil Jain, Deputy Solicitor General Suyash Mohan Guru and Deputy Advocate General Abhijeet Awasthi appeared during the hearing.
