Ahmedabad: Questioning the maintainability, Gujarat High Court on Wednesday reserved the order on the public interest litigation (PIL) which seeks recall of Governor Kamla Beniwal.
The division bench of Chief Justice AL Dave and JB Pardiwala also asked the petitioner to explain why the petition was indeed in public interest, and how the appointment of the Governor was unconstitutional.
The petitioner is a Lucknow-based lawyer, Asok Pande.
PIL contends that Gujarat Governor needs to be recalled because due process of law was not followed in her appointment.
It says that Kamla was appointed without the consent of the state government; which violated the constitutional scheme.
But the High Court on Wednesday told Pande that it was not clear in the petition whether he wanted recall of the Governor, or was raising objections on her appointment itself.
At the time of the appointment, not a single minister (of Narendra Modi government) took exception, High Court said, asking why Pande had waited for three years to file the PIL.
The Court also asked what prompted the petitioner to come to Gujarat from Lucknow and file PIL challenging appointment of Governor.
Judges said they did not see an public interest in the PIL.
Pande could only cite recent letter by Chief Minister Narendra Modi to the Prime Minister, seeking recall of Governor. The letter, he said, showed that the government did not want the Governor to continue.
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