SC Stays Contempt Proceedings Against Bhagat Singh Koshiyari Over Non-payment of Rent Amounting to INR 47.5 Lakhs

Today the Bench of Justices Rohinton Nariman, KM Joseph and Krishna Murari stayed the contempt of court notice sent to the Governor of Maharashtra Mr Bhagat Singh Koshiyari by the Uttarakhand High Court alleging non-payment of the market rent of a government bungalow provided to him while he was serving as the Chief Minister of Uttarakhand. 

Contempt of court proceedings cannot be initiated against Governor as per Article 361 

On May 3 2019, the Uttarakhand High Court had directed Bhagat Singh Koshiyari to pay market rent for the entire period he continued to occupy governmental bungalow. According to the High Court's direction, ex-chief minister owed INR. 47.5 lakh in dues after the market value of the residential premises got calculated.   

Along with the State of Uttarakhand, two other former Chief Ministers had approached the apex court challenging the High Court order passed in May. The Supreme court had issued a notice in the petition and stayed the contempt proceedings pending before the High Court. 

In the petition filed by the Governor of Maharashtra, he submitted that since he is the sitting Governor, contempt of court proceedings cannot be initiated against him under article  361 of the Indian Constitution because Article 361 offers special protection to the President of India and the Governors of states against legal action before courts. 

Supreme court of India issues a notice to the State of Uttarakhand  

The petitioner also submitted before the Court that he was never involved in the process of determining the market rent of the residential premises allotted to him and also he was occupying the premises under an order issued by a lawful authority under a rule, which was not in dispute at the time of allotment of the residential premise. At last, he vacated the bungalow when he was been asked to do so.   

In view of the submissions and observations made, the Supreme court of India  issued notice to the State of Uttarakhand and tagged the petition as a pending plea challenging the basis at which market rent rates were calculated by the High Court.