JAGMOHAN SINGH BHATTI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner - Jagmohan Singh Bhatti, a practising Advocate in this Court, by way of the present petition under Articles 226/227 of the Constitution of India seeks issuance of a writ of quo warranto for invalidating the appointments of respondents No. 7 to 10 as Chief Parliamentary Secretaries in the State of Haryana and for declaring and quashing their appointments as such being illegal, unconstitutional, contrary to and in utter disregard of the Constitution (Ninety-first Amendment) Act, 2003; besides, being a burden on the public exchequer and a setback to the austerity drive. A further prayer has been made for restraining the State of Haryana (respondent No. 4) from providing any facilities and perks to respondents No. 7 to 10 as Chief Parliamentary Secretaries and for restraining them from functioning and dealing with the government files. It is further prayed that the Finance Department of the State of Haryana be prohibited and restrained from bearing the expenses of these illegal appointments, which are in violation of the Constitution (Ninety-first Amendment) Act, 2003 and to withdraw all the facilities that have been extended to them in the interest of the State, its people and its exchequer. A further direction has been prayed for directing the Union of India; the Secretary, Law Department, Ministry of Home Affairs and Justice; Chief Election Commission and the State of Haryana (respondents No. 1 to 4) to forthwith dispense with the services of respondents No. 7 to 10 while restraining them from working or availing the facilities attached to the posts of the Chief Parliamentary Secretaries.

(2.) The petitioner submits that he has been in the legal profession, practising in this Court and Hon'ble the Supreme Court for the last thirty two years. He is a resident of Sahibzada Ajit Singh Nagar (Mohali). He states that he is conscious and an awakened citizen. He is interested in the affairs of the country including the State of Haryana. He takes up various causes of general public at large by way of filing and presenting petitions from time to time before this Court.

(3.) It is submitted by the petitioner that since the issue relates to the State of Haryana and its general public, therefore, in public interest he is entitled to invoke the extraordinary writ jurisdiction of this Court. The main cause that is being pursued by him is that the State of Haryana through its Chief Secretary and the Chief Minister, Haryana (respondents No. 4 and 5) have appointed respondents No. 7 to 10 as Chief Parliamentary Secretaries in the State despite the fact that no such posts exists under the Constitution of India or under any statute or Act passed by the Parliament of India or any State Legislature. All the appointments of Chief Parliamentary Secretaries are from amongst the Members of the Legislative Assembly ('MLAs' for short) and these have been made by the Haryana State and the Chief Minister illegally, besides, are unconstitutional and in utter disregard and violation of the law of the land. Therefore, the said appointments are liable to be set aside and respondents No. 7 to 10 forthwith removed from the posts of Chief Parliamentary Secretaries with no assignment of work, and the facilities and benefits be withdrawn.