The ongoing tussle between the governor and the state government over convening the session of the Punjab Legislative Assembly for the budget has now reached the Supreme Court. The Punjab government on Monday filed a petition in the Supreme Court demanding that the court declare that the Governor of Punjab is bound by the advice of the Council of Ministers in convening the assembly session.
Along with this, the government has demanded that the Principal Secretary to the Governor of Punjab should be instructed to make arrangements for convening the session of the Punjab Legislative Assembly on March 3 for the budget. Apart from this, the petition has demanded that the communication order of the Governor dated 23 February 2023 should be canceled in which he has said that only after taking legal advice, he will take a decision on the recommendation of the Council of Ministers to convene the session of the Punjab Legislative Assembly. The Principal Secretary to the Governor has been made a party in the petition.
Request for early hearing in Supreme Court
Punjab’s Additional Advocate General Ajay Pal said that the state government will mention this petition in the Supreme Court on Tuesday and a request will be made for an early hearing on the matter. The petition states that it involves an important constitutional question whether the Governor can refuse to accept the advice of the Council of Ministers of the elected government of the state in the matter of calling a session of the Legislative Assembly?
Due to the quarrel between the government and the governor, the work is being affected. The Punjab Government has said that if this matter is not resolved, then the State Government is apprehensive that the Governor of Punjab may continue to go against the advice of the Council of Ministers in convening the Vidhansabha session. This can have a bad effect on legislative functioning.
The Punjab government has said that therefore the state government has filed this petition so that the court declares the settled principle that the governor is bound by the advice of the council of ministers of the state in the matter of calling the assembly session.
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