Petition challenging Punjab AG’s appointment withdrawn
Petitioner advocate GKS Tank had sought quashing of the appointment, saying it was in violation of mandatory provisions of the Constitution.punjab Updated: Jun 03, 2017 09:08 IST
The petition challenging appointment of senior Supreme Court advocate Atul Nanda as Punjab advocate general was withdrawn on Friday.
Petitioner advocate GKS Tank had sought quashing of the appointment, saying it was in violation of mandatory provisions of the Constitution. The appointment of Nanda was made on March 16, the day Captain Amarinder Singh took over as the Punjab chief minister.
During the hearing, Tank could not cite any provision which was violated by the government in appointment of Nanda. The court observed that this appointment can’t be challenged citing those judgments, which had been referred to by the petitioner.
“If court starts entertaining such petitions, tomorrow somebody would come and challenge appointment of chief minister claiming that the council of ministers had not approved it,” the HC bench observed. Later, the court allowed the petitioner to withdraw the petition.
Tank had earlier argued that appointment was done without any formal resolution tendering advice by the council of ministers. He had contended that the advice of the chief minister alone is not enough and appointments on constitutional posts such as advocate general and members of public service commission can be made on the advice of council of ministers only.
Earlier this week, the state cabinet had ratified ex-post facto appointment of Nanda as AG.