Nanda’s appointment as Punjab advocate general challenged
The appointment of senior Supreme Court advocate, Atul Nanda as Punjab advocate general has been challenged through a public interest litigation (PIL) before the Punjab and Haryana high court.
The petition was taken up by high court bench of justice SS Saron and justice Darshan Singh, which deferred hearing for June 2 asking the petitioner advocate, GKS Tank, to mention relevant judgments on the issue on adjourned date.
The law cited by Tank in challenge laid to the petition dealt with the appointments of judicial officers. The court was not satisfied with the arguments raised by him. Later, Tank sought more time to get hold of judgments in favour of his argument.
Tank had argued that appointment was in violation of mandatory provisions of the Constitution. Hence, it should be quashed, he added. The court was also requested to restrain government from making any payment of remuneration or allowances to Nanda during the pendency of petition. The appointment of Nanda was made on March 16 — the day Captain Amarinder Singh took over as the Punjab chief minister.
Tank had informed the court that the appointment was done without any formal resolution tendering advice by the council of ministers since no cabinet meeting took place that day and no such resolution was passed by cabinet on Nanda’s appointment.
Tank had argued that advice of CM alone is not the requirement as done in this case and appointments on constitutional posts like AG and members of public service commission, appointments can be made on the advice of council of ministers only.