SC To Hear Today Punjab Govt's Plea Challenging Guv's Refusal To Summon Budget Session

The SC on Tuesday agreed to hear the Punjab government's plea against the state Governor's refusal to grant permission to summon the Budget session.

The Supreme Court on Tuesday agreed to hear a plea of the Aam Aadmi Party’s Punjab government challenging Governor’s 'refusal' to summon the Budget session scheduled for March 3. 

According to PTI, a bench of Chief Justice DY Chandrachud and Justice PS Narasimha said that it will take up the Punjab government's plea at 3:50 pm on Tuesday after a five-judge Constitution bench hearing on the Maharashtra Shiv Sena political crisis. 

Appearing for the Punjab government Senior advocate AM Singhvi requested for urgent hearing of the plea on Tuesday itself. Singhvi said, as per PTI, that the Constitution bench hearing will not get affected if the matter is taken up for hearing for 10 minutes during the day. 

The bench, however, told Singhvi, that he will be arguing before the constitution bench and therefore it will take up the plea for hearing at 3.50 pm. 

This comes after Punjab governor Banwarilal Purohit told CM Mann that he will take a call on summoning the budget session only after taking legal advice on the CM's response to the issues raised by him in an earlier letter, reported PTI. 

Earlier, according to PTI, Aam Aadmi Party national spokesperson Raghav Chadha said on Sunday that the Punjab government has been "forced" to move the Supreme Court over the issue of summoning the budget session of the state assembly as the governor is not responding to the cabinet's decision in this regard.  

Punjab CM Bhagwant Mann also said his government now has to move the apex court for calling the budget session of state assembly and alleged that the governors appointed by the Centre are "acting as star campaigners of the saffron party in the respective states".  

The tussle between Punjab Governor Banwarilal Purohit and CM Mann worsened on Thursday with Purohit indicating he is in no hurry to summon the assembly's budget session. The governor also reminded the CM about his "derogatory" response to a letter from Raj Bhavan.  

Purohit's letter to CM Mann came two days after the Punjab Cabinet decided to call the assembly session from March 3 and requested the governor to summon the House.   

"On 22nd Feb 2023, the Punjab Cabinet asks the Punjab Governor to summon the budget session of the assembly from 3rd March 2023. On 23rd Feb 2023, Punjab Governor says he needs to take legal advice on that. Till date Governor not reverted on this issue," Raghav Chadha said on Twitter.  

In another tweet, he said, "Settled law that Governor has to summon assembly as per advise of Cabinet sought to be overridden by Governor... We have been forced to move Supreme Court on something as basic as summoning budget session of Punjab Assembly. Matter will be mentioned tomorrow morning in SC."           

Mann said on Twitter in Punjabi, "Glimpses of the world's largest democracy: Go to the Supreme Court for the appointment of Mayor despite having majority in Delhi (MCD)..Go to the Supreme Court for appointment of Deputy Mayor... Now, to conduct the budget session of Punjab Assembly, have to move the Supreme Court... Search for democracy continues."   

"It is unfortunate the Raj Bhavans have turned into BJP headquarters for dictating the elected governments," Mann, who was speaking at an event in Gujarat's Bhavnagar recently, said.  

Mann said that in democracy "elected and not the selected persons appointed from Union government are supreme", the statement said.  

In his February 13 letter, the governor had asked Mann to explain the process of selecting 36 government school principals for a training seminar held recently in Singapore, and raised other issues as well.  

Mann had responded that he was only answerable to three crore Punjabis, not to a Centre-appointed governor and also questioned the Centre's criteria for appointing governors.  

Purohit had called Mann's replies "patently unconstitutional but extremely derogatory", adding that he was compelled to take legal advice.  

"Since your tweet and letter both not only patently unconstitutional but extremely derogatory also, therefore, I am compelled to take legal advice on this issue. Only after getting legal advice, I will take decision on your request," said Purohit in the new letter.