Dehradun: Former chief ministers of Uttarakhand may have to cough up nearly Rs 20 crore as the high court on Tuesday termed the Uttarakhand Former Chief Minister Facility Act 2019 as 'ultra vires' or beyond state's legal authority.
The former CMs had been occupying official bungalows and continued to enjoy other services despite not holding the top post of the state. This led the Uttarkhand high court (on May 3 last year) to ask the government to recover the house rent on current market rate and also take payment for other dues such as expenses incurred on providing office staff, security and cars.
To counter the directive, the government then brought in the Uttarakhand Former Chief Minister Facility Bill that was passed in the state assembly and notified as Act earlier this year after governor's assent. The Act paves way for providing various facilities to former CMs.
The double bench of High Court, comprising Chief Justice Ramesh Rangnathan and Justice Ramesh Chandra Khulbe, pronounced the Act 'ultra vires' on Tuesday.
The Act was challenged before the court by a Dehradun-based NGO Rural Litigation for Entitlement Kendra (RLEK).
Kartikey Hari Gupta counsel for petitioner told News18, “Court observed provisions of Act are in violation of the doctrine of separation of powers. Court found the Act also in violation of Article 202 to 207 of the constitution”. The Court categorically said the Act was against the spirit of Article 14 (equality before the law).
Since the formation of state from Uttar Pradesh on November 9, 2000 Uttarakhand got eight chief ministers who either belonged to Congress or BJP. Out of eight former chief ministers, Harish Rawat, late ND Tiwari and Vijay Bahuguna headed Congress governments while late Nityanand Swami, Bhagat Singh Koshyari, BC Khanduri (twice as CM) and Ramesh Pokhriyal Nishank belonged to BJP. Koshyari is now governor of Maharastra and Nishank is union Human Resources Minister. Among these Nityanand Swami and ND Tiwari had died while Vijay Bahuguna is now with BJP and Harish Rawat did not government accommodation as ex CM.
The NGO RLEK filed writ petition in 2010 and in the last 10 years government and petitioner had been fighting in the Court. Earlier Court had directed ex CMs to pay the rent for staying in the government accommodation. Nishank had paid rent to the estates department as per rate prescribed. In the meantime, Koshyari and Bahuguna challenged the orders but the court dropped their petition.
Avdhash Kaushal, chairman RLEK said, “We welcome court’s judgment. Former CMs owe around Rs 3 crore for staying in government bungalows and some Rs 18 crore for using other facilities. It’s a public exchequer money and not meant for providing luxury to ex CMs”.
The ruling BJP’s senior MLA and party spokesperson Munna Singh Chauhan said government’s legal team will examine the court’s judgment and will act accordingly.
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