SHILLONG Nov 03 2017; The judgment on the legality of appointing legislators as Parliamentary Secretaries in the state was reserved by the Meghalaya High Court on Thursday.
A Public Interest Litigation was filed by State resident Madal Sumer claiming that the appointment of Parliamentary Secretaries in the state was “extra constitutional and illegal”.
Following the hearing of the case, a Division Bench of Chief Justice Dinesh Maheshwari and Justice Ved Prakash Vaid reserved the order at the end.
Sumer in his petition said that the Chief Minister has corrupted his chair (he occupies) and misused his office illegally and unconstitutionally by appointing the Parliamentary Secretaries and administrating the oath of office to all of them.
It may be mentioned, that on July 26, the Apex Court had declared the appointment of Parliamentary Secretaries in the rank of Minister of State, as unconstitutional.
An apex court bench of Justice J. Chelameswar, Justice R.K. Agrawal and Justice A.M. Sapre struck down the Assam Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous Provisions) Act, 2004, and noted that Article 194 of the Indian Constitution “does not expressly authorise the state legislature to create offices such as the one in question”.