Deputy CM post unconstitutional-HC

Mumbai, Jun 30 (UNI) Bombay High Court today held that Deputy Chief Minister's post is ''unconstitutional'' and therefore should not be mentioned in quasi-judicial matters.

A petition had been filed by one Anitha Shetty against the Deputy Commissioner of Police of Mumbai. An impunged order dated June 12 submitted by her counsel before the court today bore the signature of State Home Minister, R R Patil, acting as an appellate authority.

However, Patil had signed the document as the Deputy Chief Minister (DCM) and not as Home Minister.

Justice B H Marlapalle while passing the directives in the case, mentioned in the order referring the writ petition filed in 1995 challenging the oath of Gopinath Munde as DCM. The Advocate General had then submitted an affidavit stating that Munde had not been sworn in as DCM. But the post of DCM was just an office provided for administrative functioning and hence the division bench comprising Justices Dani and Mane had disposed the petition.

Justice Marlapalle stated that despite it being a well-settled matter, Patil had still signed as DCM. As the Constitution does not mention the post of DCM, it should not be mentioned in quasi-judicial work.

He directed the Assistant Government Pleader to inform the Advocate General Ravi Kadam and Chief Secretary of State, Dr D K Sankaran, about the order so as to take corrective steps in future.

UNI XR/ARM PM ARB RS1854