Solicitor General Harish Salve on Monday told the Allahabad High Court that the governor's discretion as to which party was in a position to form government cannot be challenged in any court. Arguing on a writ petition challenging imposition of President's rule in Uttar Pradesh, he said the answer to the question as to which party was in a position to form the government solely depended upon the satisfaction and discretion of the governor and the same could not be challenged in any court of law, especially when the governor had not been impleaded as opposite party in the petition.
Salve contended before the Lucknow Bench of the Allahabad High Court that no mandamus (directive) could be issued against the governor under article 163 (relating to relationship between governor and state council of ministers) and 164 (appointment of chief minister and other ministers) of the Constitution.
Salve was advancing arguments on behalf of the union government on a PIL, filed by a local laywer Hari Shankar Jain, which sought to challenge the imposition of President's rule in the state. Arguing his case, Jain pleaded that the governor's report on which basis president's rule was imposed in the state was biased, politically motivated and coloured with political vendetta.
Meanwhile, another petition seeking to challenge the imposition of President's rule in the state was filed by Kaushal Kishore, MLA from Malihabad. The court directed that the petition be tagged with that of Jain. Arguments would continue on Tuesday.
Bureau Report