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New Haryana governor cannot withdraw Assent:Phoolka

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h_s_phoolkaNoted supreme court advocate and AAP leader H S Phoolka has said the the new Haryana governor will not be able to withdraw the assent which was given by the previous governor.

He said that the governor of Haryana has already given the assent to the Bill passed by the Haryana Assembly.  After the assent of the Governor of Haryana, government has issued a notification implementing the Haryana Sikh Gurdwara (Management) Act 2014.  In furtherance to this notification the Haryana government had also constituted the Ad-hoc HSGPC and had issued the notification.

“A Constitution bench of Supreme court in 2012 has held in the case of State of Kerala Vs. Mar Appraem Kuri Company Ltd  the “Bill becomes Act and comes on statute book immediately on receiving assent of President or Governor, as the case may be, which assent has got to be published in the official gazette”, Phoolka said.

Phoolka said that the assent of previous Haryana Governor has already been published and the Act has been notified.  The Act has already been implemented as well.

“Now the only two remedy is left, one is that the Haryana Assembly Repeal or Amend the Act and the other remedy is the High Court or Supreme Court.Neither the Haryana government nor the Central government or the President can withdraws the Bill,” Phoolka said.

Phoolka said that the President of India can make a reference to the Supreme Court to decide the legality of the Act, but making that reference would not mean that is Act is withdrawn or withheld. It is only the Supreme Court or the High Court which can now pass the order.

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