KOCHI: The Kerala high court on Wednesday dismissed a public interest litigation questioning the alleged withholding of assent to the bills passed by the state legislature by governor Arif Mohammad Khan.
A division bench comprising chief justice S Manikumar and justice Shaji P Chaly considered during admission hearing a petition (WP-C No. 38724/22) filed by advocate PV Jeevesh of Pukattupady in Kochi.
It was alleged by the petitioner that the Governor is withholding assent to the bills passed by the legislature without signing them off. Such a stance by the Governor is contumacious, arbitrary, despotic, and antithetical to democratic values, ideals of the cabinet form of government, and principles of democratic constitutionalism and federalism, the petition had stated.
The Governor is not giving assent to the bills or adopting any other course available to him under Article 200 despite the state cabinet advising him to give assent to the bills, the petition said. Such a standoff affects the fundamental rights of the people, the petitioner contended while claiming that he has locus standi to highlight the issue.
Further, the petitioner contended that the Governor cannot act against the advice of the council of ministers if he does not like the policy adopted through the bill. In such circumstance, the Governor is acting with malafide intention and his action is arbitrary and against democratic values, the petitioner had alleged.
