RAMA PRASAD SARKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner, a practicing advocate of this Court, has prayed for a direction to the respondent No. 1, Union of India, to explain the reason for not removing the present Governor of the State of West Bengal who according to the petitioner is destroying the spirit of federalism. A further prayer has been made to direct the respondent No. 1 not to use the Governor as political tool against the Government of West Bengal.

(2.) The allegation made in the petition is that the present Governor of the State of West Bengal makes critical comments against the State and is destroying the dignity of the Governor 's position and his actions are creating many problems in the State. It is alleged that the Governor is bypassing the State Council of Ministers and dictating directly to the State Officers and is tweeting almost every day. It is further alleged that Governor being the formal head, is bound by the aid and advice of the Council of Ministers, therefore, his observations about the functioning of various ministries under the State Government carry deeper political repercussions and they have the potential to affect the federal structure and amount to a misuse of political office.

(3.) Submission of learned Counsel for the petitioner is that the Governor, having regard to his conduct, is required to be removed and that a direction is required to be issued to the respondent No. 1 not to use the Governor as a tool for political activities. He has placed reliance upon the judgment of the Hon 'ble Supreme Court in the matter of B.P. Singhal vs. Union of India and Another reported in (2010) 6 SCC 331 in support of his plea.