Thursday, January 15, 2009

BTN: HC held State Election Commissioner's appointment as illegal

HC held State Election Commissioner's appointment as illegal
 
 

Patna (PTI): The Patna High Court today held State Election Commissioner (SEC) J K Dutta's appointment as "illegal" and restrained him from performing the duties of SEC.

A division bench comprising acting Chief Justice Chandramauli Kumar Prasad and Justice Ravi Ranjan Prasad pronounced the judgement on a PIL seeking his removal on the grounds that his appointment was not made as per the procedure.

Sunil Kumar Tiwari, Secretary of an NGO "Servers of Society," had filed a PIL in this regard on which the court had reserved the order on December 22 last year.

Ashutosh Ranjan Pandey, the counsel for the petitioner, contended that using RTI, the petitioner came to know that Dutta was appointed by Chief Minister Nitish Kumar and not by Governor R L Bhatia.

Pandey further contended that Tiwari sought Dutta's removal on the grounds that his appointment was made in gross violation of the Article 243 K of the Constitution and section 123 of the Bihar Panchayati Raj Act which state that the SEC has to be appointed by the Governor and not by the government.


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2 comments:

ashok said...

This indeed is a blow to the clean image of "Chief Minister" Nitish Kumar. For Lalo, such judgements, strictures from the courts did not matter but for nitish it does. Here, the larger question is who is guiding CM on such constitutional matters? Who is doing such unconstitutional deeds on his behalf? Mr. Chief Minister, be aware of such guides.They may lead you to...u know quite well...

ashok said...

This indeed is a blow to the clean image of "Chief Minister" Nitish Kumar. For Lalo, such judgements, strictures from the courts did not matter but for nitish it does. Here, the larger question is who is guiding CM on such constitutional matters? Who is doing such unconstitutional deeds on his behalf? Mr. Chief Minister, be aware of such guides.They may lead you to...u know quite well...

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