With Punjab Governor Banwarilal Purohit warning Chief Minister Bhagwant Mann of writing to the President under Article 356 if he fails to furnish the information sought by him through “letters”, the ruling Aam Aadmi Party (AAP) on Friday asked the Governor to maintain decorum and not give such a threat to get the President’s rule imposed in the state.
“The Governor should maintain decorum and not give the threat of Article 356. If they want to impose President’s rule then it should be done in Manipur and Haryana,” said Punjab Aam Aadmi Party (AAP) chief spokesperson Malvinder Singh Kang.
Both Manipur and Haryana have BJP-led governments and were in the news recently over ethnic and communal clashes.
Kang said the Mann government was working within the Constitutional framework and accused the Bharatiya Janata Party (BJP) led Union government of trying to interfere in the functioning of governments in non-BJP-ruled states.
In a strongly-worded letter, the Governor advised the CM to act before he takes this “final decision” under Article 356 of the Constitution, and criminal proceedings under Section 124 of the IPC (assaulting President, Governor, etc., with intent to compel or restrain the exercise of any lawful power) over the CM’s failure to give information sought by him (Purohit) through letters.
The Governor said this is “in spite of the clear provisions of Article 167 of the Constitution” which makes it mandatory for the CM to furnish all such information relating to the administration of affairs of the state as the Governor may call for.”
“Before I am going to take final decision regarding sending a report to the President of India under Article 356 about the failure of the constitutional mechanism and take a decision about initiating criminal proceedings under section 124 of the IPC, I ask you to send me the requisite information sought for under my letters referred to above, as also in the matter of the steps taken by you concerning the problem of drugs in the State, failing which I would have no choice but to take action according to law and the Constitution,” the Governor said in the letter to the CM on Friday.
Referring to his previous letters seeking information on a number of issues, Purohit said it appears Mann is deliberately refusing to give the information asked to him.
The Governor also accused the CM of making derogatory remarks against him. He quoted several remarks made by the CM against the Governor. It included the remarks in which the CM had called the Governor a “velha baitha” (someone who had nothing productive to do) who kept sending him “love letters.”
Purohit said through these “derogatory remarks,” the CM attempted to restrain him from “exercising the lawful powers conferred on me under article 167 of the Constitution.”
Reminding the CM that not furnishing the information which was sought by the Governor would be plainly in dereliction of the constitutional duty which is imposed on the Chief Minister in terms of Article 167(b), in the letter Purohit said: “…. I have therefore to advise you, warn you and ask you to respond to my letters referred to above and give me the information sought by me.”