ASHOK PANDE AND ANOTHER Vs. UNION OF INDIA THROUGH ITS CABINET SECRETARY SOUTH BLOCK NEW DELHI
LAWS(ALL)-2017-11-233
HIGH COURT OF ALLAHABAD
Decided on November 02,2017

Ashok Pande And Another Appellant
VERSUS
Union Of India Through Its Cabinet Secretary South Block New Delhi Respondents

JUDGEMENT

SUDHIR AGARWAL,J. - (1.) Heard Sri Ashok Pande, petitioner, who has appeared in person at length and Sri S.B. Pandey, Assistant Solicitor General of India for respondent.
(2.) This writ petition under Article 226 of Constitution of India has been filed as Public Interest Litigation assailing vires of Section 2 of "The Salaries and Allowances of Ministers Act 1952" (hereinafter referred to as "Act 1952") and Section 2(e) of "Uttar Pradesh Ministers (Salaries, Allowances and Miscellaneous Provisions) Act, 1981" (hereinafter referred to as "U.P. Act 1981") being ultra vires of Constitution. Petitioners have also sought mandamus commanding respondents not to give effect to the definition of "Ministers" as defined in the aforesaid Acts i.e. (Act 1952) and (U.P. Act 1981). Petitioners have also sought a mandamus commanding respondents to treat all Ministers equal and further mandamus to place Judge of High Court at par with Ministers.
(3.) Petitioners are Advocates by profession and have filed this writ petition with an object to have Rule of Law to prevail in this Country and provisions of Constitution and other Laws should be applied by all concerns in letter and spirit.;


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