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This is an archive article published on March 23, 2012

SC bins PIL seeking Guv’s ouster,fines petitioner and orders him out

The Supreme Court on Thursday dismissed a PIL seeking removal of Gujarat Governor Kamla Beniwal and imposed a cost of Rs 1 lakh on an advocate for filing the “misconceived” and “misleading” petition.

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SC bins PIL seeking Guv’s ouster,fines petitioner and orders him out
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The Supreme Court on Thursday dismissed a PIL seeking removal of Gujarat Governor Kamla Beniwal and imposed a cost of Rs 1 lakh on an advocate for filing the “misconceived” and “misleading” petition.

A bench of justices H L Dattu and A K Dave took strong exception that advocate Ashok Pande,a native of UP,“misused” the public interest litigation.

At the very beginning of the hearing,the bench made it clear that the petition was “frivolous” and it would impose heavy cost if the petitioner went ahead with the arguments.

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Pande,however,went ahead with his arguments for an hour during which he raised all sorts of issues,including appointing a Constitution bench for his matter.

The matter,which was listed for mentioning,was heard for more than an hour by the bench,which is normally not allowed.

In the end,the bench dismissed his petition seeking direction to the President to recall the Gujarat Governor and imposed a cost of Rs 1 lakh on him. The bench said Pande would have to deposit the cost to the Gujarat Legal Services Authority within a week failing which recovery process would be initiated.

The petitioner,however,made submissions even after the order was dictated and then sought apology with folded hands.

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Not sympathising with his gesture,the bench told him it had warned him at the beginning of the hearing and called the security to take him away as he continued with his arguments.

The lawyer was taken out of court room forcibly by a security guard.

He had approached the apex court after the Gujarat High Court order dismissed his PIL for recall of the Governor and slapped him with a penalty of Rs 25,000 for frivolous litigation.

He had sought removal of the Governor after Chief Minister Narendra Modi wrote a letter to the Prime Minister seeking to recall her for appointing Justice (retired) R A Mehta as Lokayukta without his consent.

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Pande had sought recall of the Governor on the ground that her appointment itself was void because the Centre had not taken Modi’s consent before making her the Governor.

The bench even told him it was difficult to make it out whether he was seeking recall of the Governor or questioning the way she was appointed.

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