HC to hear ex-CMs’ dues case on Nov 18

| | Nainital
  • 0

HC to hear ex-CMs’ dues case on Nov 18

Saturday, 19 October 2019 | PNS | Nainital

Hearing on the petition challenging the Government ordinance providing relief to ex-Chief Ministers from paying rent for Government bungalows and other expenses following an earlier High Court order directing the ex-CMs to pay the pending expenses, the High Court has set the next day for hearing in this case on November 18. The High Court division bench of chief justice Ramesh Ranganathan and justice Alok Kumar Verma has also directed the State Government to file its counter within four weeks.

It will be recalled that Dehradun-based Rural Litigation and Entitlement Kendra (RLEK) had earlier filed a PIL in which the court had directed the State Government to collect the pending dues for Government bungalows and other facilities from ex-Chief Ministers.

The State Government had then brought out an ordinance to exempt the ex-Chief Ministers from paying the same.

The RLEK challenged this petition in the High Court. The petitioner took objection to service affidavit filed by the State.

The State had not served court notice to the ex CMs but only to their private secretaries which is not allowed under the law. The court also found this kind of service strange and asked the state as to why the ex CMs have not been served personally.

The division bench observed that every body is equal before the court of law. Service through private secretary is not permissible except in the case of Governor and President of India.

In this case only Bhagat Singh Koshyari- the current Governor of Maharashtra, could have been served through private secretary and rest all were required to be served court notice personally. The court stated that although this is strange manner of state but still if state is giving statement before court that all have been served the court will proceed on that basis and will not wait for them to come.

Representing RLEK, advocate Kartikey Hari Gupta prayed to the court that despite sufficient knowledge and service the ex CMs have neither appeared before the court themselves nor sent any counsel to represent them in court proceedings hence case may be proceeded ex-parte against the former CMs. The State prayed for four more weeks for filing counter.

The petitioner prayed for urgent hearing hence the court has fixed November 18 and given final opportunity to the state to file counter till date and cautioned the State that the matter will not be adjourned further. “We will hear it that day whether ex-CMs join the proceedings or not,” the division bench remarked.

Sunday Edition

CAA PASSPORT TO FREEDOM

24 March 2024 | Kumar Chellappan | Agenda

CHENNAI EXPRESS IN GURUGRAM

24 March 2024 | Pawan Soni | Agenda

The Way of Bengal

24 March 2024 | Shobori Ganguli | Agenda

The Pizza Philosopher

24 March 2024 | Shobori Ganguli | Agenda

Astroturf | Lord Shiva calls for all-inclusiveness

24 March 2024 | Bharat Bhushan Padmadeo | Agenda

Interconnected narrative l Forest conservation l Agriculture l Food security

24 March 2024 | BKP Sinha/ Arvind K jha | Agenda