The Meghalaya High Court today directed that the state Governor be "correctly advised" on judicial matters pending in courts to avoid serious misunderstanding with the High Court.
The order was issued during hearing of a public interest ligitation filed by the Civil Society Women's Organization president Agnes Kharshiing, which seeks disqualification of legislators holding dual posts.
A Division Bench of Chief Justice Uma Nath Singh, Justice TNK Singh and Justice S R Sen said in its order today that "........For the present, we restrain from issuing any direction or making any observation, except that the Governor of Meghalaya should be correctly advised on judicial matters pending in courts or else it may create serious misunderstanding with the High Court."
It also directed that "the order should be sent to the Principal Secretary to the Governor of Meghalaya, to place before the Governor, for perusal and appropriate orders to his Secretariat."
The bench had issued the directive in the wake of a letter from Principal Secretary to the Governor's Secretariat, M S Roa, to Advocate General K S Kynjing today, which stated that "under the provisions of Article 361 of the Constitution of India, the Governor is 'not answerable to any Court' for the exercise and performance of the powers and duties of his office."
"Accordingly, the Governor has not permitted the undersigned (Principal Secretary) to appear before the High Court of Meghalaya along with the related file," Roa stated in the letter.
