- (1.) In these proceedings, the jurisdiction of the Court has been invoked in public interest under Article 226 of the Constitution, seeking (i) a mandamus to the Union Government to dismiss the Governor of the State of Uttar Pradesh; and (ii) a mandamus inviting the attention of the Union Government to a statement attributed to the Governor for taking action either for dismissal or transfer.
(2.) The basis of the petition is a statement attributed to the Governor in the print media on 11 December 2014 at Faizabad supporting "early construction of Ram Temple" (as described in the petition). According to the petitioner, the statement which is attributed to the Governor raises a question of constitutional impropriety which would justify the invocation of the writ jurisdiction and the intervention of the Court for the grant of reliefs as claimed in these proceedings. The reliefs which the petitioner claims are extracted herein below: "(i) Issue an appropriate writ, order or direction in the nature of mandamus asking the Union of India to dismiss Sri Ram Naik from the post of Governor of U.P. (ii) Issue an appropriate writ, order or direction in the nature of mandamus inviting the attention of the Union of India to the highly controversial statement made by the Governor and political controversy which the statement has triggered and to take a suitable action against Sri Ram Naik either to dismiss him or to transfer him from State of U.P. to some other state as a Governor. (iii) Pass such other and further order, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."
(3.) Article 153 of the Constitution provides that there shall be a Governor for each State. Article 154(1) vests the executive power of the State in the Governor and mandates that the power shall be exercised by him either directly or through officers subordinate to him in accordance with the Constitution. The Governor of a State is appointed under Article 155 by the President. Under Article 156(1), the Governor holds office "during the pleasure of the President".;