Extract of judgement...
8. There is no scintilla of doubt in our mind on a well-nigh principle enunciated in the above report that the nomenclature as Deputy Chief Minister is mere descriptive and an integral part of the Council of Ministers. The Table of Precedence or the Warrant of Precedence issued by the President’s Secretariat and the State is restricted to ceremonial purposes not touching upon or invading the right, privileges and the powers exercised by the Council of Ministers under Article 163 of the Constitution of India. It has nothing to do with the governance by exercising powers superior to the Council of Ministers, but only in order to ensure the smooth running of the ceremonial functions organised by the Centre and the State.
xxxxxx
10. The instant Public Interest Litigation is thus dismissed.
11. We would be failing in our duty in not observing that the instant Public Interest Litigation is filed on a specious ground and sheer wastage of the special remedy in the Public Interest inviting W.P.(C) No. 19554 of 2026 Page 9 of 9a cost to be imposed, but bearing in mind that the petitioner is the practising advocate, we leave the matter at this stage with the observation that she will henceforth raise a genuine cause for the disadvantaged person whose fundamental or constitutional rights are infringed and not to indulge in such frivolous litigation.
(Harish Tandon)
Chief Justice
(Chittaranjan Dash)
Judge
JUDGEMENT COPY
No comments:
Post a Comment