SC stays contempt proceedings against Koshiyari in HC

The Supreme Court on Tuesday stayed the contempt proceedings initiated against Maharashtra Governor Bhagat Singh Koshiyari in the Uttarakhand High Court in connection with the non-payment of rent for a government bungalow allotted to former chief ministers. A Bench led by Justice Rohinton F. Nariman issued notice to the State government.

The High Court had on May 3 last year ordered former chief ministers of the State, like Mr. Koshiyari, to pay market rent for the entire period they had continued to occupy government accommodation since demitting office.

In his appeal, Mr. Koshiyari, 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.

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. Koshiyari also asked the Supreme 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.

HC 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 the last year’s order, the NGO had filed a contempt plea in the High Court alleging non-compliance of the order.