PIL challenges Raghav Chadha's role as Punjab advisory panel chief

Chandigarh, July 12

Hours after the Punjab Government appointed Aam Aadmi Party MP Raghav Chadha as the chairman of the state’s interim ‘Advisory Committee’, the move today came under the judicial scanner with the filing of a petition in public interest.

Challenging the appointment on more than 20 counts, petitioner-advocate Jagmohan Singh Bhatti contended that it was illegal, arbitrary and in exercise of “non est” or non-existent laws of the state and the Central government.

Bhatti also contended that the appointment of Chadha, Rajya Sabha member from Punjab and an “outsider not being a part of the state Legislative Assembly”, was also in violation of the Constitution.

It entailed unwarranted burden on the public exchequer and amounted to “inviting multiple people to run the affairs of the alleged temporary and ad hoc committee to advise the state government on matters of public importance pertaining to public administration”.

Bhatti added it, rather, amounted to a “parallel government within the government”, which was not permissible. He added the “alleged” notification’s bare reading showed that the Chief Minister was of the view that a body — temporary in nature — was required to tender advice to the government on matters of public importance. The Chief Secretary lacked such power to issue “the alleged letter which is termed as notification”.

He also submitted that minister rank has been conferred to the alleged temporary and ad hoc committee with all facilities. “The person holding the minister’s rank is administered an oath, whereas in the present case, there is no such administration of oath to respondent-Chadha,” he submitted.

A ministerial rank amounted to a berth in the state Cabinet, which was not permissible constitutionally and was arbitrary. It was done at the behest of Delhi Chief Minister Arvind Kejriwal and amounts to interference in the affairs of the state of Punjab by him. “The ministerial rank is meant for elected members of the state Legislative Assembly only and the elected members of the state Legislative Assembly cannot be deprived of their right for their berth in the Cabinet,” he added. — TNS

Appointment ‘violates’ norms

• The petitioner contended that the appointment of Chadha, RS member from Punjab and an “outsider not being a part of the state Legislative Assembly”, was in violation of the Constitution
• He submitted that ministerial rank has been conferred to the panel. “The person holding a minister’s rank is administered an oath, but there is no such administration of oath to Chadha”

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