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IF PRESIDENT OF INDIA CAN STRAIGHTWAY APPOINT NEW GOVERNORS OF STATES WHERE ASSEMBLY POLL PROCESS IS UNDERWAY OR ELSE CONSENT OF ECI NEEDED, SAYS ADVOCATE HEMANT KUMAR

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in a Press Communique issued by President's Secretariat, it has been mentioned that the President of India, Droupadi Murmu, apart from accepting the resignations of Bhagat Singh Koshyari as Governor of Maharashtra and Radha Krishnan Mathur as Lt. Governor of Ladakh, has made certain new appointments/transfers of Governors in dozen odd States which also include appointment of La. Ganesan, who has been hitherto Governor of Manipur as new Governor of Nagaland as well as Phagu Chauhan, who has been hitherto Governor of Bihar as new Governor of Meghalaya.

Amidst all this, Hemant Kumar, an Advocate at Punjab & Haryana High Court has tweeted to Election Commission of India (ECI) as well as Chief Electoral Officers (CEOs) of Meghalaya and Nagaland raising a interesting but significant question that since in both these States, the process of State Assembly General Elections is currently underway, in that case, if new appointments of Governors in both these States would tend to clash with Model Code of Conduct which came into force immediately with effect from 18 Jan 2023 i.e. immediately after the ECI announced the Poll Schedule for Legislative Assemblies of both above States along with the State of Tripura .(SUBHEAD)

While the polling in Tripura is scheduled for 16 Feb 2023, in the States of Meghalaya and Nagaland, Polling would be held on 27 Feb 2023. The Advocate wonders if prior consent of ECI has been obtained by the Central Government before making appointments of new Governors of Meghalaya and Nagaland

Hemant said that although in both poll bound States of Meghalaya and Nagaland, it can't be said that the erstwhile Governors have been changed since in these States, the Governors of neighbouring States were holding additional charge of aforementioned two States. Whilst in the case of Meghalaya, consequent upon completion of tenure of Satya Pal Malik on 3 Oct 2022, the President of India appointed Brig. (Dr.) BD Mishra (Retd), then Governor of Arunachal Pradesh to discharge the functions of the Governor of Meghalaya in addition to his own duties until regular arrangements are made. Pertinent to mention that today Brig. (Dr.) BD Mishra (Retd), has also been transferred from the post of Governor of Arunachal Pradesh to Lt. Governor of Ladakh.

Hemant further told that as far as State of Nagaland is concerned, consequent upon transfer of then Governor RN Ravi to State of Tamil Nadu in Sep, 2021, the President of India appointed Jagdish Mukhi, then Governor of Assam to discharge the functions of the Governor of Nagaland in addition to his own duties until regular arrangements are made. Meanwhile, Mukhi's five years tenure as Governor of Assam completed in Oct, 2022, however he was continuing as such till date. Today, Gulab Chand Kataria has been made the new Governor of Assam.

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