Bhubaneswar: The Orissa High Court today dismissed the Public Interest Litigation (PIL) challenging the appointment of Deputy Chief Ministers in Odisha.
A division bench of Chief Justice Harish Tandon and Justice Chittaranjan Dash held that “Deputy Chief Minister” is only a designation or title and does not confer any extra constitutional powers like those of the Chief Minister. Constitutionally, a Deputy Chief Minister is also just a member of the State Council of Ministers.
The bench clarified that the post is merely a descriptive title and does not confer any additional constitutional power or precedence over other members of the Council of Ministers.
In its order, the High Court observed, “There is no scintilla of doubt in our mind on a well-nigh principle enunciated in the above report that the nomenclature as Deputy Chief Minister is mere descriptive and an integral part of the Council of Ministers. The Table of Precedence or the Warrant of Precedence issued by the President’s Secretariat and the State is restricted to ceremonial purposes not touching upon or invading the right, privileges and the powers exercised by the Council of Ministers under Article 163 of the Constitution of India”.
“It further said, “It 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 court also observed that PILs of such nature should be dealt with great caution and circumspection to curb any oblique motive, personal gain, private malice, vested interest and publicity-seeking.”
The attractive brand name of the Public Interest Litigation cannot be used as a tool for suspicious products of mischief and the process of the Courts should not be permitted to be misused,” the court said, adding that the issue has already been set at rest by the Apex Court. With these observations, the court dismissed the PIL.
