Asserting that Rajasthan Governor Kalraj Mishra cannot refuse to convene the Assembly session sought by Chief Minister Ashok Gehlot, former union law minister and senior Congress leader Ashw Kumar on Saturday said that Governor is the constitutional head of the state and bound to the advice of the council of ministers.
Speaking to , Kumar said, "The Governor is the constitutional head of the state and works on the advice of the council of ministers. The council of ministers has advised the Governor to convene the Assembly session and I think the governor is bound to do so."
The remarks come as Gehlot has mounted an offensive against the Governor claiming that he was not calling a session of the state Assembly due to "pressure from above".
Kumar said that the constitutional position on this issue is well established, both by the ruling of the Supreme Court and by the conventions of the Constitution of India.
"He (Governor) might take one or two days upon to decide on this, but he cannot take away the right of the council of ministers to advise him. He also cannot take away the obligation of the Governor to accept that advice," he said.
Gehlot had also said that he will not be responsible if the public come out to "gherao" the Raj Bhawan. However, Kalraj Mishra had later written a letter to Gehlot objecting to his remark and reportedly asking who was to ensure his safety and security.
Commenting on the reports of the Governor raising security concerns, the former law minister said that he doesn't think there are any issues of the security of the Governor.
"The Governor is a seasoned BJP politician. He knows that the security of the Governor cannot be at risk in any state. However, when the elected representatives in the state are compelled to voice their grievances, they go to the Chief Minister or the Governor," he said.
The conflict between the Rajasthan Governor and the Chief Minister comes in the backdrop of Rajasthan plunging into a political crisis after simmering differences between former Deputy Chief Minister Sachin Pilot and Gehlot came out in the open.
( With inputs from ANI )