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BEFORE
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V.P. VAISH PIL No.5 of 2016
16.08.2017
In this petition, the petitioner has questioned the validity of the Meghalaya Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous Provisions) Act, 2005, on the ground that this enactment is violative of the mandate of Clause (1-A) of Article 164 of the Constitution of India and is also violative of the requirements of Articles 154, 162 and 246 of the Constitution of India; and further, with the submissions that the law making power of the State Legislature does not extend for enacting such a legislation.
This petition was initially taken up on 20.04.2016 and the learned GA appearing for the respondents was granted time to take complete instructions. Thereafter, on 04.05.2016, with learned Advocate General appearing for the respondents No.1 and 2 and learned CGC appearing for the respondents No.3 and 4, this Court found it appropriate to take up this matter for consideration after counter affidavit/s from these official respondents. After filing of such counter affidavit/s, the submissions were made before this Court about the pendency of similar nature petitions before the Hon'ble Supreme Court. Thereafter, the matter was adjourned on the submissions made on behalf of the petitioner that the petitioner had filed a petition seeking transfer of this matter to the Hon'ble Supreme Court where the other petitions involving similar issues were pending. On 07.10.2016, it was given out on behalf of the petitioner that the counsel had not received any instructions as regards the progress of the transfer petition before the Supreme Court but, it was pointed out that the matter pending in the Supreme Court and involving akin issues was likely
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to come up for hearing in the month of July, 2017. Taking note of such submissions, we deferred consideration of this matter until the month of August, 2017.
Today, learned counsel for the petitioner submits that there had been some miscommunication as regards filing of transfer petition before the Supreme Court because the petitioner was indeed advised to file such petition for transfer of the matter to the Supreme Court but to his information, no such petition for transfer was filed before the Supreme Court.
Learned counsel has, however, pointed out that the matter pending before the Supreme Court in relation to the similar nature enactment, being the Assam Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous Provisions) Act, 2004 has since been considered and decided on 26.07.2017; and therein, the Hon'ble Supreme Court has clearly ruled against the competence of the legislature of Assam to make the impugned enactment. According to the learned counsel, the said judgment dated 26.07.2017 by the Hon'ble Supreme Court in Transferred Case (Civil) No.169 of 2006:
Bimolangshu Roy (Dead) through LRs v. State of Assam and another, squarely covers the subject-matter of this petition; and on similar lines, the impugned enactment also deserves to be declared invalid.
In view of the law declared by the Hon'ble Supreme Court in the aforesaid decision, this matter does require consideration; and at the earliest.
Let notice for final hearing be issued to the respondents. Respondents No.1 and 2 are represented by Mr. KP Bhattacharjee,
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learned GA and respondents No.3 and 4 are represented by the learned CGC Mr. R Deb Nath.
Mr. S Dey, appears for the respondents No.7, 12, 16 and 22. The process, therefore, be issued in relation to the unrepresented respondents, returnable in two weeks.
Requisite steps by tomorrow.
This matter be listed with complete report of service on 01.09.2017.
JUDGE CHIEF JUSTICE
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