The Supreme Court on Thursday issued notice to the central government on a petition filed by Uttarakhand Governor Aziz Qureshi challenging the procedure followed in securing his resignation in the wake of BJP coming to power.
An apex court bench headed by chief justice RM Lodha said the matter would be heard by a five-judge bench as it involved the interpretation of Article 156 of the constitution on the point of the procedure to be followed for seeking removal of the governors in the exercise of the president's pleasure.
The court response came after senior consul Kapil Sibal said that a governor can only be removed by the president and the home secretary could not just pick up the phone and ask him to resign.
He said there has to be a procedure to secure the resignation of a governor.
Citing an earlier constitution bench judgement, Sibal said the apex court has held that a governor is not an employee of the central government and occupies the office at the pleasure of the president.