Cuttack, Sep 10 The Orissa High Court on Thursday dismissed a PIL challenging the appointment of two deputy chief ministers, observing that the designation is merely descriptive and does not confer any additional powers over other ministers.
The judgment, reserved on August 27, was pronounced by a division bench comprising Chief Justice Harish Tandon and Justice Chittaranjan Dash.
The PIL was filed by an HC lawyer.
"The instant Public Interest Litigation is thus dismissed," the court said.
The court also cautioned the petitioner against filing frivolous PILs and said such petitions should instead raise genuine issues involving disadvantaged persons whose fundamental or constitutional rights have been infringed.
"We would be failing in our duty in not observing that the instant Public Interest Litigation is filed on a specious ground and sheer wastage of the special remedy in the Public Interest inviting a cost to be imposed, but bearing in mind that the petitioner is the practising advocate, we leave the matter at this stage with the observation that she will henceforth raise a genuine cause for the disadvantaged person whose fundamental or constitutional rights are infringed and not to indulge in such frivolous litigation," the court said in the judgment.
The court observed that the nomenclature 'Deputy Chief Minister' is merely descriptive and that a deputy chief minister remains an integral part of the Council of Ministers.
It said the Table of Precedence or Warrant of Precedence issued by the President's Secretariat and the state government is restricted to ceremonial purposes and does not confer any additional rights, privileges or powers over those exercised by the Council of Ministers under Article 163 of the Constitution.
"It (DCM) has nothing to do with the governance by exercising powers superior to the Council of Ministers, but only in order to ensure the smooth running of the ceremonial functions organised by the Centre and the State," the judgment said.
Odisha's Advocate General Pitambar Acharya contended that the PIL is not only frivolous, but has been filed without proper research in the subject. He said similar challenges have been negated by three HCs in the country.
He said recently the high courts of Rajasthan, Karnataka and Bombay have dismissed such PILs.
The petitioner claimed there was no such post of deputy chief minister in the Constitution and conferment of power, privilege and other amenities to them.
The PIL had appealed to the court to order the immediate withdrawal of such facilities provided to the two deputy CMs in Odisha.
