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2019 Supreme(HP) 1522

L.NARAYANA SWAMY, JYOTSNA REWAL DUA
Abhimanyu Rathore – Appellant
Versus
State Of Himachal Pradesh – Respondent


Advocates Appeared:
Petitioner In Person, Advocate, Ashok Sharma, Advocate, J.K. Verma, Advocate, Adarsh Sharma, Advocate, Ritta Goswami, Advocate, Ashwani Sharma, Advocate, Nand Lal Thakur, Advocate

JUDGMENT

Jyotsna Rewal Dua, J. - Petitioner, a practising lawyer of this Court, has filed this writ petition, in person, raising following contentions on the basis of various reports submitted by the Comptroller and Auditor General of India in different years:-

    Contentions:-

    2.

      2(i). Respondent-State has failed to execute its constitutional obligations and mandate enshrined under Article 293 of the Constitution of India. Loans have been raised by the State Government to repay its outstanding debt liability bypassing the provisions of Article 293(3) of the Constitution as well as without fixing any borrowing limit required under Article 293(1) of the Constitution.

        2(ii). The State Government has failed to discharge its functions of sustainable development, good governance and principles of fiscal management, as laid down in ''The Himachal Pradesh Fiscal Responsibility and Budget Management Act, 2005'' (FRBM Act in short). The decisions of successive State Government in this regard are extraneous and based on political reasons, thereby offending the Rule of Law.

          2(iii). State has failed in fiscal management and fiscal stability. Loans have been raised in excess of net borrowing limit

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