Neutral Citation No. - 2017:AHC-LKO:24434-DB AFR Judgment reserved on 17.05.2017 Judgment delivered on 02.11.2017 Court No. - 24 Case :- MISC. BENCH No. - 4464 of 2010 Petitioner :- Ashok Pande And Another Respondent :- Union Of India Through Its Cabinet Secretary South Block New Delhi Counsel for Petitioner :- Ashok Pandey (Inperson ),Sesh Narain Pande (In person)

Counsel for Respondent :- C.S.C.,A.S.G.

Hon'ble Sudhir Agarwal,J.

Hon'ble Virendra Kumar-II,J.

(Delivered by Hon'ble Sudhir Agarwal, J.)

1. Heard Sri Ashok Pande, petitioner, who has appeared in person at length and Sri S.B. Pandey, Assistant Solicitor General of India for respondent.

2. This writ petition under Article 226 of Constitution of India has been filed as Public Interest Litigation assailing vires of Section 2 of “The Salaries and Allowances of Ministers Act 1952” (hereinafter referred to as “Act 1952”) and Section 2(e) of “Uttar Pradesh Ministers (Salaries, Allowances and Miscellaneous Provisions) Act, 1981” (hereinafter referred to as “U.P. Act 1981”) being ultra vires of Constitution. Petitioners have also sought mandamus commanding respondents not to give effect to the definition of “Ministers” as defined in the