Vyapam scam: Why should Madhya Pradesh Governor not be sacked, SC asks Centre

NEW DELHI: The Supreme Court on Friday issued notices to Centre and Madhya Pradesh Governor Ram Naresh Yadav seeking their response on why he should not be removed from his post in view of allegations of his involvement in the multi-crore Vyapam scam.

A bench of Chief Justice H L Dattu and Justices Shiva Kirti Singh and Amitava Roy also agreed to hear a plea on formulating guidelines for removal of a Governor if he faces serious allegations. The bench also sought response from the Madhya Pradesh government and the Governor on a plea challenging the MP High Court's order quashing FIR against Yadav in the Vyapam case.

The court passed the order on a clutch of petitions filed by a group of lawyers from Madhya Pradesh challenging continuation of Yadav as Governor despite his name cropping up in the scam and FIR being lodged against him.

Senior advocates Kapil Sibal and Vivek Tankha, appearing for the petitioners, contended that if there is an allegation of a grievous crime against a Governor, he should not be allowed to continue in the post and Centre should take steps for his removal.

Yadav is alleged to have recommended names of five candidates to facilitate their selection as forest guards by resorting to unfair means in the examination conducted by the MP Professional Examination Board (Vyapam Examination).

"Although the mandate of the Constitution is that the Governor can only be removed by the President once the pleasure of the President is withdrawn, the present case screams for interference by this court since the Government has chosen not to remove him from his post despite such serious allegations of misconduct, which clearly show that the Governor has misused his position," the petition said.

The petitioners said a tainted Governor cannot be allowed to continue discharging constitutional duties and the court should lay down the guidelines for his removal to facilitate fair and impartial investigation.

A Special Task Force, which was probing Vyapam scam, had registered an FIR against 101 people, including the Governor, under various provisions of Indian Penal Code on February 24 but the HC on May 5 quashed the FIR against Yadav on the ground of constitutional immunity granted to the Governor.

Seeking Yadav's removal, the petitioner said, "Governor, who enjoys Executive, Legislative, Judicial and Discretionary powers along with many other functions enshrined in the Constitution, ought to be above suspicion and must possess an unchallenged credibility."