Court disposes of state’s second capital notification

Our Correspondent 

Shimla, January 4

The High Court has disposed of the petition challenging the notification terming “Dharamsala as the second capital of the state” with liberty to the state to take an appropriate decision afresh in public interest.   It further clarified that till then the notification issued in this regard,   which was   yet   to   be   given   effect, be kept in abeyance.

  While disposing of the petition a division bench comprising Chief Justice Surya Kant and Justice Ajay Mohan Goel observed: “Though the state has filed the written statement justifying the notification, the fact of the matter is that the same has not been given effect so far.  It thus appears that a fresh thought process is going on in the mind of the state government due to which the matter has been got adjourned from time to time.” 

  “As far as Article 154 (1) of the Constitution of India is concerned, the executive powers of the state government shall be vested with the Governor and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution. The decision taken under Article 154 (1) thus can always be reviewed, recalled, revisited by the competent authority.”   

  The bench observed: “We are of the view that instead of keeping the matter sub-judice before the court due to which the state government might be reluctant to revisit the whole issue, let this petition be disposed of with a liberty to the state to take fresh decision in this regard.”

The court further clarified that in the event of any fresh decision, if the petitioner was still aggrieved, he should be at liberty to approach the court again.