April 19, 1999

The Digvijay-Mahavir feud reaches a flashpoint with the chief minister divesting the governor of his powers as chancellor of state universities.

By N K Singh

Governor Bhai Mahavir once likened Chief Minister Digvijay Singh to a student who does not study throughout the year but depends on crash courses to pass his exams. Events last week, however, showed it was he who had not done his homework well. The chief minister sprang a surprise on Mahavir when he divested him of his powers as chancellor of the state's universities. Amidst whispers in Congress circles that Mahavir had "turned the universities into RSS dens", the state Government amended the Madhya Pradesh Universities Act to ensure that, while the governor continued as chancellor, he would have no powers other than to preside over meetings.

Smarting under the humiliation, Mahavir has reportedly sought legal advice. Sources close to him say that he is likely to withhold assent to the bill and refer it to President K.R. Narayanan. Anticipating such a move, the Government also issued a separate notification, amending the rules pertaining to the service conditions of the universities' employees. The notification does not require the governor's sanction.

The Sangh Parivar is up in arms. A seething BJP launched a bitter attack against the state Government for "destroying autonomy of universities." Former chief minister Sunderlal Patwa called upon Mahavir to quit as chancellor rather than bear the insult. The Akhil Bharatiya Vidyarthi Parishad (ABVP), the BJP's student wing, too staged a protest. When its activists stormed a meeting attended by Digvijay in Bhopal, the police resorted to a lathi charge and arrested three of them.

Under the new bill, the chancellor has been reduced to a mere figurehead, his powers transferred to the state Government. Besides wresting from the chancellor the prerogative of appointing vice-chancellors, the amendment makes universities subservient to the state secretariat in other respects too. They are, for instance, now required to get the "prior approval" of the Government even in matters like the appointment of teachers. "The amendment has dealt a body blow to the autonomy of universities," says Arvind Singh Bhadoria, organising secretary of the ABVP's state unit. "It makes a mockery of the very purpose of appointing governors as chancellors, namely that of keeping the universities insulated from politics," adds Ajay Pande, another activist.

The Government, however, is ready with its answers. Claiming that he had the "highest regard for His Excellency", Digvijay explains, "The bill is intended to lighten the governor's burden and keep him out of controversies which university affairs throw up." He even cites an example: a petition against Mahavir for contempt of court filed in the Madhya Pradesh High Court. The petition, which is awaiting a final decision, alleges that Mahavir had sacked the vice-chancellor of Rewa University in violation of a court directive. "Will it be proper if the governor appears in court?" asks Digvijay. "The office of the governor will be mired in unnecessary controversy if the high court gives a judgement against the chancellor."

The explanation has few takers. "The bill was brought forward because the governor refused to appoint certain political personalities as vice-chancellors," alleges BJP MLA Brijmohan Agarwal. According to sources close to Raj Bhavan, moves by the chancellor, especially his "campus campaign" against misappropriation of funds, corruption, irregularities in appointments and misuse of authority, had unnerved Congress leaders.

Mahavir had taken a special interest in initiating follow-up action after seven universities had, according to sources, misappropriated or bungled funds to the tune of Rs 11.7 crore. Then his choice of vice-chancellors for Bhopal, Jabalpur and Rewa universities triggered a controversy. Mahavir also took cognisance of a judicial commission inquiry report on the affairs of Jabalpur University and Ramsuman Pande, the university's registrar, was removed after the Lok Ayukta filed a charge-sheet against him for irregularities in purchases. Pande was later reinstated by the Government. The official explanation was that the university had failed to serve the charge-sheet "within the stipulated time".

The game of one-upmanship had begun soon after Mahavir took over as governor last summer. He had written a letter directly to the then director-general of police V.P. Singh seeking details of a rape case. The chief minister intervened and prevented the DGP from replying to the governor and Mahavir was asked to "remain within his constitutional limits".

The governor also ruffled feathers when he delayed sanctioning an ordinance that regularised encroachment by slum dwellers. Later he overrode a cabinet decision and gave his approval to the Lok Ayukta to prosecute two former ministers on charges of criminal conspiracy in a corruption case last year. The high court quashed the governor's orders on appeal.

The feud saw Mahavir writing to the Government on a string of issues, including the demand for a CBI inquiry into the Jhabua nuns' gang-rape case, publication of Digvijay's photo in an official document, allegations that he was favouring a newspaper baron and that there was an "under the table deal" in the transfer of Rajgarh Palace to a hotel chain. In almost all these cases, the letters found their way to the media. In at least one case, it reached a reporter even before it reached the chief minister and Digvijay complained to the Centre about Mahavir "not exercising discretion" while speaking to the press.

With the introduction of the controversial bill, the schism between Mahavir and Digvijay has widened. That Mahavir will strike back is certain. What is a matter of conjecture is how he will choose to do it: refer the bill to Narayanan and spark a constitutional crisis or hit back with a fresh issue using the gubernatorial powers still vested in him.

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