Maharashtra Governor Bhagat Singh Koshyari on Tuesday moved the Supreme Court to stay contempt proceedings against him in the Uttarakhand High Court.
The high court had on May 3 last year ordered former chief ministers of the State, like Mr. Koshyari, to pay market rent for the entire period they had continued to occupy government accommodation since demitting office.
‘Exorbitant rent’
In his appeal, Mr. Koshyari, represented by advocate Ardhendumauli Kumar Prasad, said the market rent fixed was “exorbitant” for residential premises by Dehradun standards.
Besides, he and the others were not given a chance to participate in the proceedings for determination of the market rent.
The appeal said the rent was fixed on the basis of an affidavit filed by the Additional Secretary State Estate Department in February 2019. This affidavit was not served on any of the affected former chief ministers.
The appeal said the basis for determination of the market rent was never informed to them.
The rent was fixed without rationale. He said the entire process of fixing the rent amounts was “arbitrary, discriminatory and violative of the principles of natural justice”.
“The determination of exorbitant amount as market rent appears to be penal in nature compared to the prevailing market rent of similar residential premises,” the Governor said in his appeal.
Entitlement ignored
He argued that the State has in “a routine manner calculated the amount to be recovered from him from the date of demitting the office of the Chief Minister without considering his entitlement for the similar accommodation facilities in capacity as a Member of the Legislative Assembly”.
Mr. Koshyari also asked apex court to examine the aspect of the immunity of office given to Governors under Article 361 of the Constitution.
The apex court had recently stayed the contempt proceedings against Union Education Minister Ramesh Pokhriyal in a case emanating from the same high court order.
In its May 2019 order, the Uttarakhand High Court had declared all government orders from 2001 providing housing and other facilities to former chief ministers as illegal and unconstitutional. It had asked the former chief ministers to pay the rent within six months from the date of intimation.
The high court had passed the order on a plea by a Dehradun-based NGO. After last year’s order, the NGO had filed a plea in the high court alleging non-compliance of the order.
