Himachal: Govt's ‘non-maintainability’ plea in CPS appointment case dismissed

Legal Correspondent

Shimla, October 10

The HP High Court today dismissed an application filed by the state government wherein it contended that the petition challenging the appointment of Deputy Chief Minister Mukesh Agnihotri and Chief Parliamentary Secretaries (CPSs) was not maintainable, as all 12 petitioners had not signed it.

While rejecting the application, a Division Bench comprising Justice Vivek Singh Thakur and Justice Bipin Chander Negi observed that “we are of the considered opinion that there was no defect and if there was a defect, as alleged, it was a curable defect, which stands cured by filing supplementary affidavits by other petitioners ratifying and substantiating the claim of the petitioner No. 1 that he was instructed and duly authorised by the petitioners No. 2 to 12 to file and maintain the writ petition and the application(s) therein on his behalf as well as on behalf of the petitioners No. 2 to 12”.

The Bench observed that “there is no requirement to amend the petition or any pleadings therein, as the petitioners have not sought personal relief, as individuals, in their favour. Rather they have raised an issue of public interest, involving the constitutionality of an Act by filing a joint petition and, therefore, the present application being devoid of any merits is dismissed”.

During the course of hearing, Advocate General Anup Rattan contended that in the High Court Rules, word “affidavit or affidavits” indicated that affidavits of each and every petitioner was required to be filed along with the petition verifying the facts stated therein.

He contended that the present petition was filed on the personal affidavit of the petitioner No. 1 with no authorisation in writing signed by other petitioners. The statement that he has been instructed by the petitioners No. 2 to 12 to file the affidavit is not enough for maintaining the writ petition on behalf of the petitioners.

Setback for govt: Thakur

Shimla, October 10

The BJP today termed the HP High Court’s dismissal of the plea of the state in the case of the appointment of Chief Parliamentary Secretaries (CPSs) as a setback for the government.

“The court has rejected the plea of non-maintainability taken by the state government. It is a big win for the BJP as we have maintained from Day one that the appointment of CPSs was wrong,” said Leader of the Opposition Jai Ram Thakur here.