Well, it is NOT.
It is totally unlawful. Goes against a consistent and long line of SC decisions. #Thread
We do however know that in practice, Governor's decisions have been reviewed by courts, particularly in cases of government formation/ toppling. How does it happen?
The first one is Shamsher Singh v State of Punjab back in 1977.
A seven judge bench of the SC went the drafting history of Article 163.
The governor must convene the assembly according to Ghelot's advice.