On Monday, the Punjab and Haryana High Court served a notice of motion to the Union government and others in response to a public interest petition challenging the appointment of eight MLAs as ministers. The petitioner argued that this action contravened a Constitutional Amendment.

In his petition presented before the Bench comprising Acting Chief Justice Gurmeet Singh Sandhawalia and Judge Lapita Banerji, petitioner-advocate Jagmohan Singh Bhatti argued that according to the Constitution, the council of ministers in a state cannot exceed 15 percent of the total number of members in the Legislative Assembly of that State. Bhatti emphasized that in the current scenario, the number of ministers appointed exceeds 15 percent of the total strength of the House.

Seeking the quashing of the appointments, he further asserted that they were illegal, unconstitutional, arbitrary, and imposed an unnecessary burden on the public treasury.

Bhatti contended that the appointments also contradicted the austerity drive mandated by law, highlighting that the swearing-in ceremony of the Chief Minister itself was unlawful. Notably, this marks the second petition filed by the petitioner in this matter through a Public Interest Litigation (PIL).

Earlier, Bhatti had approached the high court, requesting directives to annul the appointments of five additional cabinet ministers: Kanwarpal Gujjar, Moolchand Sharma, Ranjit Singh, JP Dalal, and Dr. Banwari Lal.

Bhatti contended: “The total strength of the House is 90 MLAs. By way of appointment of CM Naib Singh Saini, it exceeds the limit of 90 MLAs, which is not permissible in any manner. Hence, the appointment is illegal and void.”