Show cause notice served over Parliamentary Secretaries appointment
Source: Hueiyen News Service
Imphal, January 19 2013 :
A Division Bench of Gauhati High Court comprising Justice TNK Singh and Justice SR Sen has on January 17 issued a show cause notice to the Government of Manipur over appointment of five Parliamentary Secretaries.
The show cause notice followed a Public Interest Litigation (PIL) no.10 of 2012 filed by Dr Khomdon Singh Lisam.
Advocate Th Manihar appeared for the petitioner.
The PIL observed that the Manipur Parliamentary Secretary (Appointment, Salary and Allowances and Miscellaneous Provisions) Act, 2012 is ultra vires and unconstitutional, and pointed out that the total number of Ministers including the Chief Minister in the Council of Ministers of any State should not exceed 15 percent of the total number of Members in the Legislative Assembly of that State, provided that the number of Ministers including the Chief Minister in a State shall not be less than 12.However, in case of Manipur, the number of Ministers including the five Parliamentary Secretaries of the rank of Ministers of State is coming to 17.So, the appointment of five Parliamentary Secretaries of the rank of Ministers of State is a violation of the provisions of the Indian Constitution.
Furthermore, the petitioner contended that there is no provision in the Indian Constitution for taking oath of secretary of the Ministers by the Chief Minister.
Taking up the matter as a very serious one of public importance, the Gauhati High Court has issued the show cause notice to the Government of Manipur and the five Parliamentary Secretaries.
The show cause noticed is returnable by February 7, 2013 .