HomeBureaucracyAppointmentsPIL filed in High Court challenging appointments of deputy CMs, unlikely to...

PIL filed in High Court challenging appointments of deputy CMs, unlikely to stand in court

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A public interest litigation (PIL) has been filed in challenging the oath of Dr Prem Chand Bairwa and Diya Kumari.

Advoacte Om Prakash Solanki has filed the PIL citing that oaths have been taken despite the fact that there is no provision of deputy chief minister in the constitution and thus the appointments of both the deputy should be cancelled.

The High Court is likely to set the date of hearing. The petitioner Om Prakash Solanki said that constitutionally deputy chief ministers are ministers only.

“Deputy CM is a political post. However, both have taken oath of deputy chief ministers instead of minsiter. When there is no post of deputy CM in constitution then how can they take oath. Their appointments should be cancelled,” Sonlanki said.

There have been appointments of deputy chief ministers in Rajasthan in the past. When Bhairon Singh Shekhawat was chief minister, Hari Shankar Bhabhra was appointed as deputy CM. Similarly Ashok Gehlot, in 2022, had appointed Kamla Beniwal and Banwari Lal Marie's as his deputies. In 2018, was appointed as deputy CM. But all of them in the past had taken oath as cabinet minister not as deputy CM. So their appointments could not have been challenged.

However, this time has made two deputy CM each in Madhya Pradesh, Chhattisgarh and Rajasthan. All of them have taken oath as deputy chief ministers.

Supreme Court has rejected such pleas in past also

The petition is not likely to stand in the court of law. There had been petitions challenging the appointments of deputy CM in past also. Supreme Court, in 1990, had rejected petition challenging the oath of deputy chief minister. Similarly, High Courts of Bombay, Haryana-Punjab and Karnataka have also rejected such petitions.

Courts have clarified that deputy CMs can be administered oath under Article 164 (3). Hence there is no violation of law in taking oath as deputy chief ministers.

The BuckStopper Reporter
The BuckStopper Reporterhttps://www.thebuckstopper.com
The BuckStopper, run by a group of seasoned journalists, holds the powerful accountable. The buck stops with them, as they cannot shrug off their official responsibilities.
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