Abhishek Vajpayee, Chandigarh36 minutes ago
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In Punjab, Governor Banwari Lal Purohit refused to convene a special session of the Legislative Assembly. This was demanded by the Aam Aadmi Party (AAP) government. Chief Minister Bhagwant Mann wanted to prove the party’s majority in this session. AAP’s argument was that BJP is trying to buy their MLA by running ‘Operation Lotus’. The governor first approved the session and then canceled it. After this a new debate has started whether the government is right or the governor?
Dainik Bhaskar spoke to the Constitution and law experts on this entire controversy and 3 important points related to it. First point- There is no such rule in the rules of Punjab Vidhan Sabha. Second- The governor has no doubt about the majority of the government. Third- The opposition MLAs did not demand it.
Bhaskar knows in the explainer that in the midst of the politics happening in this whole matter, the AAP government is right or the governor’s…
Mention of no-confidence motion but only if opposition is brought
According to Rule 58(1) of the Rules and Operations Rules of the Punjab Legislative Assembly, a motion of no confidence can be moved in the House. There is no mention of any provision for bringing a motion of trust vote in the rules. Chapter 10 of the Rules of Business of the Legislative Assembly mentions only the motion of no-confidence which is moved by the MLAs of the opposition.
For the first time in the history of Punjab
According to Bir Davinder Singh, former deputy speaker of the Punjab Legislative Assembly, this is a bold move by the governor. This is the first time in the history of the state that the session convened by the government has been canceled by the governor after approving it. To avoid any legal impediment, the approval for the session was withdrawn after taking legal opinion from the Additional Solicitor General on behalf of the Raj Bhavan.
Dr. Kashyap said – Governor has the right to call the session
Padma Bhushan Dr. Subhash Kashyap, a well-known constitutional expert and former Secretary General of the Lok Sabha, clearly states that according to the Constitution, the Governor has the right to refuse to call a special session of the Legislative Assembly. However, there can be different opinions about the decision of the Punjab Governor. Dr. Kashyap also does not consider the comparison of Delhi, Bihar and Jharkhand to be correct. According to him, the situation in every state was different. In such a situation, the final decision has to be taken by the Governor.
When the governor has no doubt, why call the session
Satya Pal Jain, Additional Solicitor General, Government of India also agreed with the decision of the Punjab Governor. Jain said- There is no justification for convening a special session of the Legislative Assembly when the Governor has no doubt about the majority in Punjab.
Cabinet had taken approval under Article 174 (1)
The ruling Aam Aadmi Party in Punjab had claimed that the BJP tried to buy at least 10 of its MLAs for Rs 25 crore each. Punjab Finance Minister Harpal Cheema, in a press conference, alleged that the BJP wanted to topple the state government through ‘Operation Lotus’. The cabinet had taken the approval of the Governor for a special session under Article 174 (1) of the Constitution.
Read… Why has this not happened in other states?
Proposal brought in the ongoing session in Delhi: In this respect the position of Delhi was different from that of Punjab. Special session was being called in Punjab, whereas in Delhi the end of the session was not announced. In the current session, the Speaker of the Assembly has the power to approve the motion of no confidence. If the end of the session was announced, it would have been necessary to get approval from the Lieutenant Governor.
The alliance was broken in Bihar: The cancellation of the special session in Punjab cannot be compared to that of Bihar as the situation in Bihar was completely different. In Bihar, the ruling party JDU broke the alliance with the BJP. After this RJD supported JDU. In such a situation, a special session was called with the approval of the Governor to prove the majority of the government afresh.
Session called by special rule in Jharkhand: The Jharkhand government had called the session with a special rule. The permission of the Governor was not taken for this. According to the proviso to Rule 4 of the Rules of Conduct of Business of Jharkhand Legislative Assembly and the third proviso to Rule 15, unless it is prorogued by the Governor, the Speaker can convene a meeting of the session on the advice of the Leader of the House.
You can also read other news related to the AAP Government Vs Governor controversy in Punjab.
After the refusal of the governor, the CM called the assembly session from September 27; You will also go to SC
The war between the Aam Aadmi Party (AAP) government and Governor BL Purohit has started in Punjab. The Governor suddenly canceled the Punjab Assembly session yesterday. Due to which the AAP, which was preparing to show strength on the pretext of proving the trust vote, got enraged. First, the meeting of AAP MLAs was held under the leadership of CM Bhagwant Mann. After which he moved from the Legislative Assembly to the Governor’s House. Click to read further