Assam: A petition filed in HC questioning over the power of the Governor’s Rule

File photo: A pre-election rally in the BTC

Guwahati, April 30, 2020:

A petition has been filed questioning the power of the Governor of Assam, Jagdish Mukhi to run the administration of the Bodoland Territorial Council (BTC). It has also challenged how he could assume office to exercise all the functions and powers exercisable by the BTC, which falls under the sixth schedule of the Constitution of India.

“The learned Senior Counsel for the petitioners has questioned the power of the Governor of the State, who has assumed the functions of the BTC by submitting that the said order in violation of the mandate of the provisions of Schedule-VI of the Constitution of India,” stated the petition.

The petition further drew attention to the fact there was no consultation with the Council of Ministers. “…the State counsel be directed to produce before this Court the relevant documents of consultation by the Governor of Assam with the Council of Ministers of the State,”

Following this, the court has issued notice on the interim prayer, returnable on 05.05.2020. “Requisite extra copy of the writ petition may be provided to the learned Senior Govt. advocate either by hard-copy or through a soft copy by e-mail.”

It added, “The learned Senior Govt. advocate shall produce the relevant records pertaining to consultation of the Governor of Assam with the Council of Ministers either by way of hard copy or by way of soft copy, if it is not possible to produce the original record on the said date. Let the matter be listed in the admission column on 05.05.2020.”