In the aftermath of the imposition of the Governor’s Rule in Bodoland Territorial Council (BTC) administration, former Deputy Chief of the BTC and senior Bodoland People's Front (BPF) leader Kampa Borgoyary has termed the imposition of Assam Governor’s Rule in the council as "unconstitutional" and "unfortunate".
Talking to mediapersons in Kokrajhar, Borgoyary said that the imposition of governor’s rule in the council was "unwanted" and not necessary. Borgoyary further said that instead of imposing Governor's rule, the rule of the BPF party should have been extended instead.
Echoing the sentiments of fellow BPF leader Biswajit Daimary, Borgoyary said that the Governor only has discretionary roles in the Karbi Anglong Autonomous Council (KAAC) and North Cachar Hills Autonomous Council (NCHAC), and not in the BTC region.
He said that the party has filed a PIL with the Gauhati High Court and sought constitutional rights after the imposition of the Governor’s rule. Borgoyary has also put forth the demand of early cancellation of election model code of conduct and urged the Election Commission to conduct the elections at the earliest.
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“It was totally unconstitutional. We cannot allow this rule in the council because Governor is not discretionary governor. In the case of BTC, his role is very much constitutional; he is the head of state as well head of BTC. He cannot do anything in the BTC region on his discretion”, Borgoyary added.
On April 30, a petition was filed questioning the power of the Governor of Assam, Jagdish Mukhi to run the administration of the Bodoland Territorial Council (BTC). It has also challenged how he could assume office to exercise all the functions and powers exercisable by the BTC, which falls under the sixth schedule of the Constitution of India.
“The learned Senior Counsel for the petitioners has questioned the power of the Governor of the State, who has assumed the functions of the BTC by submitting that the said order in violation of the mandate of the provisions of Schedule-VI of the Constitution of India,” stated the petition.
The petition further drew attention to the fact there was no consultation with the Council of Ministers. “…the State counsel be directed to produce before this Court the relevant documents of consultation by the Governor of Assam with the Council of Ministers of the State.”
Following this, the court has issued notice on the interim prayer, returnable on 05.05.2020. “Requisite extra copy of the writ petition may be provided to the learned Senior Govt. advocate either by hard-copy or through a soft copy by e-mail.”
It added, “The learned Senior Govt. advocate shall produce the relevant records pertaining to consultation of the Governor of Assam with the Council of Ministers either by way of hard copy or by way of soft copy, if it is not possible to produce the original record on the said date. Let the matter be listed in the admission column on 05.05.2020.”
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