HC issues notice to Punjab after cabinet expansion is challenged

Tribune News Service

Chandigarh, April 23

Two days after nine Punjab MLAs took oath as ministers, the Punjab and Haryana High Court on Monday issued notice of motion to the state of Punjab on a petition challenging the cabinet expansion with their induction.

The Bench of Justice Ajay Kumar Mittal and Justice Anupinder Singh Grewal also fixed May 9 as the next date of hearing in the matter.

Petitioner Jagmohan Bhatti’s argument in the petition was that the expansion would violate 15 per cent ceiling on ministers’ appointment in accordance with the 91st Constitutional amendment.

“The Council of Ministers in a state shall not exceed 15 per cent of the total number of the Legislative Assembly of that state. In the present case it exceeds 15 per cent of the total strength of the house…. The respondent state of Punjab while appointing ministers exceeding 15 per cent of the house strength has flouted the Constitutional amendment,” Bhatti added in his petition filed in public interest.

Bhatti asserted Punjab had strength of 117 assembly members in the Vidhan Sabha. In view of the 91st Amendment, the number of ministers in the state could not exceed 17.

Bhatti added that the expenses for the oath ceremony, the monthly salary and other perks, including vehicle and accommodation, along with staff, too, would have to be borne by the state, which was a burden on the state exchequer.