HC asks former CMs to vacate govt bungalows

  • | Wednesday | 20th February, 2019

PATNA: The Patna high court on Tuesday asked all the former Bihar chief ministers to vacate the government bungalows allotted to them in that capacity. The HC observed that the Constitution does not empower state legislature to make any law for former CMs and the Act was amended under the garb of legislative authority in the name of former CMs’ security. It was implemented by a building construction department (BCD) executive order issued on March 22, 2016. During the hearing of Tejashwi’s appeal, the CJ went through the BCD annexure submitted with its counter affidavit on the allotment to former CMs.Interestingly, the HC observed that within hours of its suo motu cognizance, BCD issued a notification that 7, Circular Road bungalow is earmarked for chief secretary, instead of the allotment made to Nitish Kumar as former CM. The HC quashed that order on Tuesday.The court also struck down the provisions in the Act along with cabinet resolution dated July 2, 2014 in which former CMs were provided staff and BCD was to maintain and furnish their bungalows with no financial limits.The division bench had taken suo motu cognizance of the issue while rejecting former deputy CM Tejashwi Prasad Yadav’s appeal for allowing him to retain 5, Deshratna Marg bungalow on January 7.

PATNA: The Patna high court on Tuesday asked all the former Bihar chief ministers to vacate the government bungalows allotted to them in that capacity. The court observed that such allotments were against the Supreme Court’s order in Lok Prahari case in which UP government rules for bungalows to former CMs were struck down.The court order will impact former CMs Lalu Prasad and his wife Rabri Devi, along with Jitan Ram Manjhi Jagannath Mishra and Satish Prasad Singh.The bench of Chief Justice Amreshwar Pratap Sahi and Justice Anjana Mishra struck down the rules and cabinet resolution of Bihar government, which enabled all former chief ministers of state to avail a bungalow along with several other perks and financial expenditure with no limits for lifetime.The bench directed chief secretary to issue notices to all former CMs to vacate their bungalows allotted to them in that capacity.While coming down heavily on the government, the HC termed its rules as predatory instincts for misuse of public exchequer and an act of state government going beyond its ethical and legal limits. “This sort of a benefit being introduced has absolutely no rational nexus with the object of security under the garb of which such facilities are sought to be conferred by elected public representatives on themselves fully knowing that there is no such concept of a lifetime privilege available after demitting office merely because they are in politics,” the HC observed.Under the government rules, 7, Circular Road bungalow was allotted to CM Nitish Kumar , 12M, Strand Road to Jitan Ram Manjhi, 10, Circular Road to Lalu Prasad and Rabri Devi, 41, Kranti Marg to Jagannath Mishra and 33/A, Hardinge Road bungalow to Satish Prasad Singh for lifetime under The Bihar Special Security Group (Amendment) Act, 2010. It was implemented by a building construction department (BCD) executive order issued on March 22, 2016. The HC quashed that order on Tuesday.The court also struck down the provisions in the Act along with cabinet resolution dated July 2, 2014 in which former CMs were provided staff and BCD was to maintain and furnish their bungalows with no financial limits.The division bench had taken suo motu cognizance of the issue while rejecting former deputy CM Tejashwi Prasad Yadav’s appeal for allowing him to retain 5, Deshratna Marg bungalow on January 7. During the hearing of Tejashwi’s appeal, the CJ went through the BCD annexure submitted with its counter affidavit on the allotment to former CMs.Interestingly, the HC observed that within hours of its suo motu cognizance, BCD issued a notification that 7, Circular Road bungalow is earmarked for chief secretary, instead of the allotment made to Nitish Kumar as former CM. The HC observed that the Constitution does not empower state legislature to make any law for former CMs and the Act was amended under the garb of legislative authority in the name of former CMs’ security.

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