A day after Aam Aadmi Party’s (AAP) Rajya Sabha MP Raghav Chadha was appointed chairman of the state’s interim advisory committee, his appointment has run into rough weather.
A Chandigarh-based advocate Jagmohan Singh Bhatti on Tuesday challenged the Punjab Government’s decision through a public interest litigation (PIL) in the Punjab and Haryana High Court; while another Chandigarh-based advocate Hemant Kumar has sent a petition to the President Ram Nath Kovind seeking Chadha’s disqualification as Rajya Sabha MP pursuant to his appointment as chairman of advisory panel under Punjab Government.
Challenging Chadha’s appointment, petitioner-advocate Jagmohan Singh Bhatti contended that it was illegal, arbitrary, and in contravention of State and Central Government laws.
It was also argued that Chadha’s appointment was in violation of the Constitution of India, as he was a Rajya Sabha member from the State of Punjab and an “outsider not being a part of the State legislative assembly”.
The petition stated that the appointment also puts “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 Government of the State of Punjab on the matters of public importance pertaining to the public administration”. Rather, it amounted to a “parallel government within the government”, which was not permissible.
He added that 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 “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”.
The petitioner-advocate maintained that the “ministerial rank amounted to berth in the State Cabinet, which was not permissible constitutionally and was illegal and arbitrary”.
Mincing no words, the petitioner-advocate went on to allege that the constitution of the panel was done “at the instance and behest of Delhi Chief Minister Arvind Kejriwal and amounts to the interference in the affairs of the State of Punjab by him”.
The Ministerial rank is only meant for the 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.
Meanwhile, advocate Hemant Kumar also sent a letter-petition under Article 103(1) of Constitution addressed to the President of India for referring it further to the Election Commission of India (ECI) under Article 103(2) so that the latter may duly examine the matter and report its opinion to the former pertaining to possible disqualification under Article 102(1)(a) of Constitution of Raghav Chadha, Rajya Sabha MP, from the state of Punjab on account of his appointment as chairman of Advisory Committee by the Government of Punjab since the same amounts to holding of an “Office of Profit” by aforementioned MP, and such Office of Profit till date has not been declared by the Parliament by law not to disqualify its holder.