RAJASTHAN:Rajasthan Chief Minister Ashok Gehlot has sent a reworked proposal to Governor Kalraj Mishra advising him to summon the Legislative Assembly session on July 31. Governor Mishra had rejected the earlier proposal of the Ashok Gehlot Cabinet citing there was no mention of the agenda and date.
In the reworked proposal sent after two Cabinet meetings has not mentioned floor test but coronavirus crisis as the agenda of the Assembly session. The Governor has reportedly said that he was examining the fresh proposal to summon the Rajasthan Legislative Assembly session on July 31.
After the Rajasthan High Court told Speaker CP Joshi to maintain the status quo and barred him from taking any action against Sachin Pilot and 18 other rebel Congress MLAs, CM Gehlot had Friday met Governor and asked him to call the Assembly session. Following his former deputy’s revolt, the Rajasthan CM wants to prove the majority in the house amid fears of horse-trading of MLAs.
The Governor, however, said that he was not made aware of the agenda of the session, following which Rajasthan CM and MLAs held a five-hour sit-in at the Raj Bhavan. The Rajasthan chief minister had alleged that there was pressure on the Governor from above. However, they ended their protest after Mishra assured them that he will abide by the Constitution.
According to legal experts, the Governor is bound to follow the Council of Minister’s advice on summoning the Assembly session in the exercise of his powers under Article 174. Referring to the Nabam Rebia (2016) verdict of the Supreme Court, senior counsel Rakesh Dwivedi and Vikas Singh said that the top court has clearly stated that the Governor is bound to follow the advice of the Cabinet and call the Assembly session, according to news agency PTI.
In the 2016 Nebam Rebia case, a five-judge constitutional bench of the Supreme Court had ruled: “We are satisfied in concluding, that the governor can summon, prorogue and dissolve the House, only on the aid and advice of the council of ministers with the chief minister as the head. And not on his own.”