A Legal Standstill
In a recent development, the Supreme Court has chosen not to intervene in the case involving the appointment of the executive secretary of the Bihar Legislative Council, as per the decision made by the Patna High Court.
High Court’s April 28 Order
In its order issued on April 28, the Patna High Court pointed out a crucial aspect of the case. It highlighted that the petitioner had questioned the validity of the executive secretary’s appointment through a writ petition under the guise of Public Interest Litigation (PIL). However, it was noted that this legal action was taken without impleading the individual who was appointed as the executive secretary.
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The Key Ruling
The Patna High Court, while dismissing the plea, cited a significant reason for its decision. It stated that the writ petition was not maintainable due to the absence of a necessary and proper party. Moreover, the high court observed that the case did not involve any public interest concerns related to the rights or privileges of marginalized, weaker, or inarticulate sections of society.
Bihar Legislative Council
The Petition’s Journey to the Apex Court
The petition, which challenged the high court’s ruling, was brought before the Supreme Court for consideration. However, the apex court, led by a bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia, declined to interfere with the high court’s decision.
Contractual Tenure and Qualifications
Advocate Prashant Bhushan, representing petitioner Vivek Raj, emphasized that the high court had rejected the plea solely on the grounds of non-impleadment of the individual whose appointment was under scrutiny. Bhushan also argued that the appointed individual did not meet the qualifications required for the position. In summary, the Supreme Court’s decision aligns with the Patna High Court’s ruling, maintaining the status quo regarding the executive secretary’s appointment to the Bihar Legislative Council. The case serves as a reminder of the importance of legal procedure and the involvement of all relevant parties in such matters.
