STAY BY SUPREME COURT ON CONTEMPT NOTICE AGAINST MAHARASHTRA GOVERNOR

STAY BY SUPREME COURT ON CONTEMPT NOTICE AGAINST MAHARASHTRA GOVERNOR

8TH DECEMBER, 2020

The Supreme Court has stayed the contempt of court notice to Maharashtra Governor Bhagat Singh Koshyari sent by the Uttarakhand High Court for not paying the rent for government bungalow when he was chief minister of Uttarakhand.

It was contended that Article 361 provides protection to the President of India and the Governors of states from legal action before courts. The plea has stated that since he is the sitting Governor of Maharashtra, the bar under Article 361 of the Constitution of India cannot be ignored while issuing notice in a plea seeking contempt action against him

The Hon’ble Apex Court further held that he was never a part of the process to determine market rent of the residential premises allotted to him.

According to the Governor he had occupied the residential premises under an order issued by a lawful authority under a rule, which was not in dispute at the time of allotment and had vacated the residence as soon as he was required by law to do so.