Punjab governor denies illegal special assembly session called by the CM Mann

Chandigarh, Sept 22: Punjab Governor Banwarilal Purohit Wednesday withdrew his order summoning a special Assembly session Thursday (September 22), which was called by the Bhagwant Mann-led Aam Aadmi Party government to move a confidence motion. The Governor cited an absence of specific rules on summoning the Assembly for considering only a confidence motion.

 

 

 

“In absence of specific rules regarding summoning of the Assembly for considering the confidence motion only called by the Punjab government on 22nd September through 3rd special session of 16th Vidhan Sabha, I, Banwarilal Purohit, Governor of Punjab, hereby withdraw my orders dated September 20, regarding summoning of the Vidhan Sabha session,” read the order issued by Raj Bhavan.

 

 

 

The order sparked a sharp reaction from AAP’s Punjab co-in charge and Rajya Sabha member Raghav Chadha and Chief Minister Mann, with both questioning the Governor’s intent. The decision from Raj Bhavan, meanwhile, came after Leader of Opposition Partap Singh Bajwa, Congress leader Sukhpal Singh Khaira and Punjab BJP chief Ashwani Sharma approached the Governor, arguing that there was no legal provision to convene a special session of the Assembly to just move a “confidence motion in favor of the state government”, Principal Secretary to Governor JM Balamurugan said in a letter to the Vidhan Sabha secretary. Balamurugan said that the matter was examined and a legal opinion was sought from Additional Solicitor General of India Satya Pal Jain. Balamurugan said that Jain opined that there is no specific provision regarding summoning of the Assembly for considering the ‘confidence motion’ only, in the Punjab Vidhan Sabha Rules of Procedure and Conduct of Business. “In the light of the above legal opinion…the Governor has withdrawn his order…,” Balamurugan further said. Earlier in the day, Punjab BJP had said that it would boycott the special session. The party had termed the special session an “eyewash” and an “insult to the AAP MLAs” as they would have to prove their loyalty. Punjab Congress chief Amrinder Singh Raja Warring had, responding to a media query, said, “We will reach Vidhan Sabha at 10 am. CLP leader Bajwa will hold a meeting with party MLAs and we will convey our next course of action after that.” Former Deputy Speaker Bir Devinder Singh was the first one to raise the issue on Tuesday saying that a session if called for a confidence motion, will be illegal. Speaker Kultar Singh Sandhwan had, however, stated that the government was well within its rights to convene the session. Quoting from page 48 of Rules of Procedure and Conduct of Business of Punjab Vidhan Sabha, Bir Devinder had said, “Section 58 (1) defines only the no-confidence motion. There is no rule which entails the confidence motion. Therefore the session is unconstitutional. Only a no-confidence motion can be tabled.

 

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The House cannot be summoned to pass the confidence motion. The special session can only be called if an adequate number of members give notice for a no-confidence motion. Otherwise, it is a waste of expenditure and time. The Governor should send for the rules and business of the house before summoning it.” Sources said that Bir Devinder had got a call from the Governor’s office Wednesday morning asking him about the rules of Vidhan Sabha.