The Supreme Court today sought response from the Centre and Madhya Pradesh Governor Ram Naresh Yadav on a plea seeking his removal on the ground of his alleged involvement in the Vyapam scam, currently being probed by CBI.
The plea also seeks a direction from the apex court to Ministry of Home Affairs for formulation of guidelines on removal of Governors if they are found to be involved in corrupt practices while being in office.
A bench comprising Chief Justice H L Dattu and Justices Shiva Kirti Singh and Amitava Roy allowed the submission of senior advocate Kapil Sibal, appearing for the petitioner, that the notice be issued. The petition has been filed by activist Sanjay Shukla.
Earlier also, the apex court had agreed to hear another plea seeking removal of Yadav from the post of Governor for his alleged involvement in the scam.
The earlier petition, filed by a group of lawyers, had sought removal of Yadav and recording of his statement in the case.
The multi-crore rupee professional examination scam in Madhya Pradesh involves several high-profile professionals, politicians and bureaucrats as accused.
Madhya Pradesh Professional Examination Board (MPPEB), popularly known as Vyapam, holds examinations for various posts such as teachers, medical officers, constables and forest guards.
(Reopens LGD2)
The petition, on which the apex court today issued notice, contended that Yadav's removal from the post was needed to facilitate "impartial and prompt investigation" as "a person cannot be allowed to hold the post of Governor of a state amidst such serious allegations of involvement in a multi-crore admissions and recruitment scam."
"In cases where the Governor, so removed, makes out a prima facie case against removal, this court held that the same would be open to judicial review.
"Therefore, by applying reverse analogy, where there is inaction on the part of the Council of Ministers, this court ought to interfere and lay down the guidelines to be followed in cases where there are serious allegations against a constitutional functionary of a state," the petition said.
Dealing with the factual aspects of the case against the MP Governor, the plea said, "the material on the basis of which the FIR was lodged had been perused by the STF, SIT and then the High Court, which in fact allowed the STF to proceed against the High Dignitary of the State in accordance with law, must have made out a strong case of misconduct by the sitting Governor of the State of MP."
"Such a Governor against whom such serious allegations are levelled, if allowed to continue will be deleterious to good governance and welfare democracy...
"The Governor, who enjoys certain Executive, Legislative, Judicial and Discretionary powers along with many other functions enshrined in the Constitution of India that must be performed by him, ought to be above suspicion and must possess an unchallenged credibility," the plea said.
