Ahmedabad: A PIL has been filed in the
Gujarat High Court demanding the recall of Governor Kamla
Beniwal, saying that due process of law had not been followed
in her appointment.
The PIL has been filed by Lucknow-based lawyer Asok Pande
who claims to be president of `Hindu Personal Law Board`.
Pande has sought quashing of appointment, or a direction
to the President and the Prime Minister to recall her.
The petition would come up for hearing in 1-2 days, he
It contends that Beniwal was appointed without obtaining
the approval of the Narendra Modi government, which was
contrary to basic tenets of the Constitution.
The respondents in the PIL are the President, the Prime
Minister, the Union Home Secretary, the Gujarat government and
Citing the recent appointment of Gujarat Lokayukta in
which Beniwal allegedly bypassed the state government, the
petition said it shows that the Governor had crossed the
limits of democratic framework.
This action of the Governor was "unconstitutional", Pande
The petition also claims that process of appointment of
the Governor by the President "on the recommendation of Home
Ministry was unconstitutional".
The reading of the Constituent Assembly debates makes it
clear that the matter of appointment/ removal of Governor was
in the purview of only the Prime Minister and the President,
the PIL said.
According to the petitioner, the candidate for the post
should be finalised by the Prime Minister and the President.
But currently, the process starts with the Ministry of Home
Affairs, the PIL states.