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2015 Supreme(Cal) 246

MANJULA CHELLUR, ASHIM KUMAR BANERJEE
Vishak Bhattacharya – Appellant
Versus
State of West Bengal – Respondent


JUDGMENT

MANJULA CHELLUR, J.

1. These two writ petitions are in the nature of Public Interest Litigation seeking quashing of West Bengal Parliamentary Secretaries (Appointment, Salaries, Allowance and Miscellaneous Provision) Act of 2012 (hereinafter referred to as Act of 2012) as ultra vires to the Constitution of India. Consequently, they have also sought for cancellation of appointments of the respondents 8 to 20 in Writ Petition No. 8321 (W) of 2013 repugnant to Article 164(1A) of the Constitution of India since Ss. 4 and 5 of 2012 Act are repugnant to 91st Amendment of Constitution of India. They have also sought for consequential reliefs as well in case of allowing the main reliefs.

2. The main contention and arguments addressed on behalf of the writ petitioners in brief are as under :

On reading of news item regarding introduction of Bill of 2012 pertaining to the above Act was passed at the floor of West Bengal Legislative Assembly in order to provide appointment to Members of Assembly as Parliamentary Secretaries who would have the rank and status of a Minister of State and who shall help in planning and co-ordination of legislative business in the House by serving as an int





























































































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