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No date fixed to hear PIL on governors' ouster

July 06, 2004 11:58 IST

The Supreme Court today declined to fix a date for hearing a public interest litigation challenging the removal of
four governors by the Congress-led United Progressive Alliance government but said it will examine the petition when it comes up for hearing.

The petition was mentioned before a three-judge bench headed by Chief Justice R C Lahoti which declined to fix a
date but said, 'We will examine it when it comes up for hearing.'

Bharatiya Janata Party's member of Parliament B P Singhal had yesterday filed a PIL in the apex court challenging the dismissal of the four governors by the UPA coalition and described the action as 'unconstitutional'.

The PIL said the Constitution provided for a 'fixed' five-year tenure for governors.

The PIL, filed by Singhal, brother of Vishwa Hindu Parishad's working president Ashok Singhal, said the President could not have dismissed the governors of Uttar Pradesh, Gujarat, Haryana and Goa on the advice of the Union government 'disregarding' the consitututional provision.

Asserting that the President was not bound by the advice of the council of ministers headed by the prime minister if it
went contrary to the provisions of the Constitution, the PIL said the governors should have been allowed to complete their term.

Vishnu Kant Shastri, Babu Parmanand, Kailashpati Mishra and Kidarnath Sahani were dismissed from the governorship of Uttar Pradesh, Haryana, Gujarat and Goa on Friday. While no reasons were given for their ouster, they were removed ostensibly because they represented the Rashtriya Swayamsevak Sangh's ideology.

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