A day after the state Governor Ram Naik returned the two bills passed by the state assembly to the state government for reconsideration, Raj Bhawan on Thursday referred the two most contentious bills to President Pranab Mukherjee. The bills referred to the President are ``UP Nagar Nigam (amendment) Bill 2015 and ``UP nagar Palika Vidhi (Amendment) bill 2015.
The Governor Ram Naik on Wednesday had declined his approval to the two bills passed by the state assembly and has returned to the state government for reconsideration. The two bills are `Dr Ram Manohar lohia Institute of medical sciences bill 2015 and IIMT University Meerut bill 2016.
The governor in a letter has given this information to the chief minister akhilesh Yadav. A press release from the Raj Bhawan said 7 bills passed by the state assembly were pending with the Governor for approval. Of these 5 have been disposed by the Governor and two bills --``UP minority Comm8ission (amendment) bill 2015 and ``UP lok ayukt and Up lik Ayukt (amendment) bill 2015 are still pending for approval.
The Governor in his letter to the chief minister said the legal scrutiny of the bills referred to the President revealed that some provision in the bills for the municipal bodies were against the spirit of local self government and the spirit of democracy as enshrined in the 74th constitution amendment for empowering the urban local bodies.
The Governor said in ``UP nagar Nigam Act 1959’ a new Section 16-A has been added which empowers the state government to issue show cause notice to the Mayors and chairman of Nagar Palika on the receipt of complaints like corruption, inefficiency and misbehaviours with the municipal employees. The amendment bill provides that in case the state government is not satisfied with the explanation offered by the elected mayors and Chairman of Nagar Palika , the government could freeze their financial powers and hand over the powers to the municipal commissioners and executive officers of the nagar Palika.
"The purpose of the 74th constitution amendment was the decentralization of power and strengthening of the pr5incipal of local self government. The state governments move to amend the Act and add Section 16-A by amending the bill thereby divesting the mayor and chairman of the urban local bodies of their powers even before the inquiry was against the principal of natural justice and spirit of democracy and the 74th amendment in Constitution. ’’, said the Governor. The Section 15 (!) A of the UP Nagar Nigam Act, 1959, provides that the tenure of the Mayors and chairman of Nahar Palikas will be five and co terminus.
The Governor further said ``new Section 107 added in the amendment bill 2015, empowers the government to appoint and transfer the4 officers and employees of the municipal corporations and Nagar Palikas in other urban local bodies was also against the principal local self government and encroaches upon the right and autonomy of the urban local bodies’’.
The refusal by the Governor to approve both the bills has led to biter row between the state government and the Raj Bhawan. Urban development minister Azam Khan during the budget session in February has made serious allegation against the Governor in the state assembly casting aspersions on the integrity of the Governor. The Governor rattled by the tirade had summoned the CD of the proceedings of the state assembly and the controversial remarks of Azam Khan were expunged from the proceedings of the assembly. In April the state assembly Speaker Mata Prasad Pandey had also met the state governor to diffuse the tense situation arising out of the series of intemperate statements against the Governor Ram naik by Azam Khan.
Ram naik had also demanded the dismissal of Azam Khan from the cabinet holding his unfit for the job. The Samajwadi party had rejected the demand and had defended the minister Azam Khan saying he enjoys full confidence of the Chief Minister Akhilesh Yadav.