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High Court issued notices to the Governor of State of Maharashtra for effecting Amendments to the Scheduled Tribe and other Traditional forest dwellers (recognition of forest right act,2006)

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Justice. Sunil B. Shukre and Avinashji G. Gharote  JJ. at the  Nagpur Bench Of Bombay High Court issued the notices to the Governor of Maharashtra and others for issuing the various Government  Resolution including  Government  resolution  dated  28/09/2020, whereby the attempt has been made to amend the Act of 2006.

Petitioner Vijaysingh Gajrajsingh Chauhan has submitted before the court that the Governor of Maharashtra has exceeded his power while issuing the aforesaid notification.

While issuing notice on the petition filed by the petitioner  Vijaysingh G. Chauhan court observed that “There can be no denying the fact that the Act of 2006 is an Act of Parliament and obviously, the amending  power would be with the Parliament and prima facie, under the garb of power under sub paragraph(1)of paragraph (5) of the 5th scheduled to the constitution of India, amendment to the Act of 2006, cannot be carried out, especially by simply playing with the words.”

The court further observed that by no stretch of imagination the powers of Governor can be extended to insert new provision of law or amending the substantive provision of law as made in the Act of 2006.

The court prima facie observed that, the issue is serious as it goes to the root of amending power of the Governor.

The matter is kept for further consideration after two weeks. Shri M.C. Jeswani appeared for the petitioner and Shri  A.M. Deshpande additional GP appeared for the state.

 

[Read Order]

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