Maharashtra advocate general offers to resign

Trigger was his affidavit in case relating to removal of backlog

Maharashtra Advocate-General Darius J Khambata on Friday offered he would resign if he wasn’t allowed to function indepndently. He also said he did not belong to any region or political party.

He was responding to objections raised in the state Legislature, especially by the Opposition, against an affidavit filed by him following a writ petition in the Bombay High Court by the Society for Backlog Removal and Development, Amravati. The writ was over the allocation of water from the Upper Wardha for power project set up by Sophia Power Company, an arm of Indiabulls.

Opposition demanded filing a breach of privilege against Khambata while some of them wanted Khambata to be summoned in the assembly.

In his affidavit, Khambata has mentioned that "Any reference to targets, deadlines or objectives of the physical work or elimination of physical backlog even if couched as directives by the Governor or any aspect of governance is given the highest respect by the State Government and will be adhered to if possible, but is not binding directive or decision under Article 371 (2) of the Constitution of India."

Further, the advocate general said "There is no prohibition or embargo in any of the Governor's Directives that falls within Article 371 (2) against the use of water for purposes that are not strictly irrigational.

Khambata's submission irked opposition and some of the members of the treasury benches as they argued that Governor's Directive would become meaningless in the removal of backlog if it will not be binding on the government. Khambata offered to step down at the meeting convened by the Maharashtra Legislative Council chairman Shivajirao Deshmukh at the state legislature.

Today's meeting was attended by the chief minister Prithviraj Chavan, his deputy Ajit Pawar, senior ministers, leader of oppositiion Eknath Khadse and his counterpart in the state council Vinod Tawde and group leaders of the various parties in the state legislature.

When contacted by Business Standard, Khambata refused to comment on the issue.

Opposition further argued that the backlog of under developed Vidarbha, Marathwada, north Maharashtra would continue to increase if the Governor's Directives on the equitable allocation is not binding on the state government.

However, a senior minister, who was present at today's meeting confirmed that Khambata defended the affidavit filed by him and said that he would step down if he won't be allowed to discharge his duties independently.

"Khambata explained his case purely from the legal point of view and said the detailed exercise undertaken by the Governor is to determine what this equitable allocation of funds should be. Consequently, it becomes necessary for the Governor to exercise and analyse data concerning physical backklog, efficiency of implementation of the previous years spending, needs of each region, competing needs for expenditure other than for water resources."

Moreover, the Chief Minister Prithviraj Chavan told the legislature that the government has always followed the Governor's Directives and it would continue to do in future also. The government is committed to achieve regional development as per the Constitution of India.

Chavan assured the legislature that funds allocated as per the Governor's Directives for a particular region if not used during the year would not be diverted to other regions but would be used for the same in next year.