New Delhi: Bhagat Singh Koshyari, Maharashtra Governor, has moved the Supreme Court challenging a notice issued by the Uttarakhand High Court on a plea for starting a contempt proceeding against him. The plea had looked for contempt proceedings for his inability to follow the order to clear the market rent for the government bungalow. The allocation was designated to him as a former Chief Minister of Uttarakhand.
Bhagat Singh Koshyari in his plea, registered through advocates Ardhendhu Mauli Prasad and Pravesh Thakur, looked for a stay on the high court order. The plea referred to Article 361 of the Constitution which gives protection to the President and Governors from any such procedures. The plea contended that the market rent was unreasonably high and was shown up with no rational ground.
Senior advocate Aman Sinha will contend the issue for the Maharashtra Governor before the steady gaze of the apex court. Bhagat Singh Koshyari has looked for a stay on the contempt proceedings, as the order was passed without hearing him in the issue. The plea argued that the method of determination of market rent was discriminatory, arbitrary and violative of the laws of natural justice.
The plea read, “The determination of exorbitant amount as market rent appears to be penal in nature as compared to the prevailing market rent for similar residences, which have been admittedly determined without affording any opportunity to the petitioner to participate in the process of determination of market rent.”
In May of last year, the Uttarakhand High Court had ordered ex-chief ministers of the state to pay market rent for the time period they occupied government accommodation subsequent to demitting office. The high court had declared all government orders since 2001, which gave lodging and different facilities to ex-chief ministers, as illegal. The order was passed on a plea by a Dehradun-situated NGO. Afterwards, the NGO registered a plea in the high court alleging non-compliance of its order.
Prior, Sinha had contended in an identical issue where a stay was granted on the contempt proceedings, which were started against Union Education Minister Ramesh Pokhriyal for allegedly not following the Uttarakhand High Court order on the payment of rent by ex-chief ministers of the state for occupying government bungalows.
