President forwards EC’s Kalyan Singh file to MHA, citing SC’s 2010 order

The President has forwarded an observation of the Election Commission of India on Rajasthan governor Kalyan Singh to the Union home ministry for necessary action. The EC observation is believed to have cited a 2010 Supreme Court order on “removal of governors.” Singh had recently said in Aligarh, “we are all BJP workers and want BJP to emerge victorious. We want Modiji to become PM again,” which EC found had prima facie violated the model code of conduct. A governor is not supposed to make political remarks even otherwise.

A source confirmed to ET that Rashtrapati Bhavan has forwarded EC’s observations to the home ministry for further action. The Rashtrapati Bhavan source said that this was as per due rules. The President appoints or removes governors on the advice of the Union Council of Ministers under Article 74 of the Constitution. The governor remains in office as long as s/he enjoys the “pleasure of the President.” ET has gathered that the EC communication to Rashtrapati Bhavan referred to the Supreme Court verdict in BP Singhal Vs Union of India, in 2010, which laid down principles on removal of governors. The verdict came in a case filed in 2004, challenging the removal of governors of Uttar Pradesh, Gujarat, Haryana and Goa after the UPA government assumed office. The verdict said that governors may be removed provided the decision is not arbitrary, without reason, or done in bad faith.

Kalyan Singh was caught on camera saying PM Modi’s re-election was necessary for the country and every party worker should work towards it. The EC, after due examination of the transcript of his comments, ruled that the governor had violated rules and communicated the same to the President.