HC Orders Removal Of State Election Commissioner

HC Orders Removal Of State Election Commissioner 16 Jan 2009, 0304 hrs IST, Ravi Dayal, TNN PATNA: In a major jolt to Nitish Kumar-led NDA government in Bihar, the Patna High Court on Thursday restrained State Election Commissioner (SEC) J K Dutt from performing his duty with immediate effect and ordered his removal saying his appointment, made by the chief minister, was not in accordance with law. A division bench comprising acting Chief Justice Chandramauli Kumar Prasad and Justice Ravi Ranjan issued the directive while allowing a PIL of Servers of Society secretary Sunil Kumar Tiwary. Holding Dutt's appointment as illegal due to procedural defects, the court, however, made it clear that the salary paid to him would not be realised from him. Nor the works done during his tenure would be undone. For, Dutt was not responsible for his appointment. Petitioner’s counsel Ashutosh Ranjan Pandey submitted before the court that the appointment of SEC could be made only by the governor as per the Constitutional provision and under the provisions of Bihar Gram Panchayat Act 2006. Advocate general P K Shahi, however, took the stand that the chief minister was empowered to appoint the SEC under rules of executive business and, hence, he signed the order of appointment of Dutt. The court, however, maintained that the council of ministers, and not the CM alone, has the power to appoint the SEC. After the judgment, the state cabinet may have to initiate a fresh procedure if it wants to reappoint Dutt. Meanwhile, RJD spokesman Shyam Rajak said Nitish should resign on moral grounds after the judgment.

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