The petitioner stated that Dhankhar habitually ignored the aid and advice of the Council of Ministers. (Express File Photo) The Calcutta High Court on Friday dismissed a Public Interest Litigation (PIL) which sought the removal of West Bengal Governor Jagdeep Dhankhar from his post.
The PIL, filed by advocate Rama Prasad Sarkar before a division bench of Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj, claimed that the governor was acting as the mouthpiece of the BJP and was interfering in the functioning of the state government and maligning its image.
He also stated that Dhankhar habitually ignored the aid and advice of the Council of Ministers and preached on all matters ranging from law and order to health and education.
Hearing the matter on Friday, the division bench relied on Article 361 of the Constitution which stipulates that a governor cannot be made answerable to any court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties. The bench also referred to Article 156 which states that the Governor shall hold office during the pleasure of the President for a term of five years.
Accordingly, the bench observed that pursuant to Article 361, there is a bar on the issue of notice to the governor in any court proceeding. It was further noted that such immunity granted to the governor can only be interfered with in a case where personal mala fide has been proven.
Dismissing the PIL, the court underscored that it is not satisfied with the material placed on record and thus ruled that there is no ground to issue any directions that have been prayed for.
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