Expansion challenged in HC

Tribune News Service

Chandigarh, April 21

Hours before nine Punjab MLAs were to take oath as ministers, a petition challenging the Cabinet expansion with their induction was filed before the Punjab and Haryana High Court on Saturday. Petitioner Jagmohan Bhatti’s argument 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 mentioned the issue before Division Bench of Justice AK Mittal and Justice Anupinder Singh Grewal on Saturday morning for taking up the plea on urgent basis as the swearing-in was scheduled to take place in the evening. The request, however, failed to find favour with the Bench, and the matter was adjourned for hearing. It is now expected to come up on Monday.

Bhatti asserted, “Punjab has 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 government exchequer.