The former chief minister of Uttarakhand and Governor of Maharashtra Bhagat Singh Koshiyari has approached the Supreme court against the earlier order of the Uttarakhand high court of contempt proceedings against him, appealing for quashing the high court order on the ground that he is holding a constitutional post and as such under Article 361 of the constitution President and sitting Governors are granted immunity against invoking such proceedings against them.
It may be recalled that the Uttarakhand high court had issued contempt proceedings against him for not responding to the notice of the high court regarding payment of market rent levied against him for the Bangalow occupied by him being the former chief minister of Uttarakhand.
Governor Bhagat Singh Koshiyari had the the dues of around Rs 47 lakhs pending against him pertaining to the market rent n other expenses of the government bungalow alloted to him as the ex chief minister of Uttarakhand.
In an Affidavit while Koshiyari was not governor of Maharashtra but MP from Nainital in February 2019, had submitted an affidavit about his inability to pay the dues pending against him and the Nainital high court has on a petition by one Swaraj Kaushal ordered for assessing his financial status and assets etc in which he had responded that his life is an open book and can be assessed. He his paying a rent of Rs 25000 for a house in Dehradun.
About five former CMs of Uttarakhand late ND Tiwari, Bhagat Singh Koshiyari, Major Genl ( Retd) Bhuvan Chandra Khanduri, Dr. Ramesh Pokhriyal Nishank ( now union minister) and Vijay Bahuguna had dues pending against them for occupying bungalows for which they were officially entitled earlier.
The former chief minister of Uttarakhand ND Tiwari had Rs. 1.12 crores pending against him while BC Khanduri owing Rs. 46.59 lakhs, Dr. RP Nishank Rs. 40.95 lakhs and Vijay Bahuguna Rs 37. 60 lakhs with allegedly Rs.13 crores as miscllenious expenses pending against all of them.
In his petition filed in Supreme Court through the senior advocate Aman Sinha who had also fought the case of union money mister Dr. Ramesh Pokhriyal Nishank getting relief , Governor Bhagat Singh Koshiyari’s plea is that while he wasn’t provided any opportunity to be heard, the amount of market rate of the rent fixed was irrational and highly exorbitant for residential premises in Dehradun.
Maharashtra Governor Bhagat Singh Koshiyari has sought a stay on the contempt proceedings against him by the Uttarakhand high Court.
Kindly recall that the apex court had earlier stayed the contempt proceedings issued against the union education minister Dr. Ramesh Pokhriyal Nishank for not complying to the high court’s order regarding the payment of dues lying pending against him.