The Supreme Court recently taking note of the fact that election strategist Prashant Kishor has resigned as the advisor to the then Punjab Chief Minister Captain Amarinder Singh on August 4 this year, disposed of a petition which his appointment as the advisor of the Chief Minister. (Labh Singh & Anr. v. The State of Punjab & Ors.)
The bench comprising of Justices Sanjay Kishan Kaul and MM Sundresh noted, "The expert has himself resigned on August 4, 2021 as an advisor to the Chief Minister. Lis does not survive for consideration".
Facts of the case
This special leave petition was filed by Labh Singh and Satinder Singh challenging the order issued on March 1, 2021, appointing Kishor as the Principal Advisor to the Punjab Chief Minister with Cabinet rank.
On March 17, the Punjab and Haryana High Court had dismissed their challenge, following which the petitioners approached the Supreme Court.
Contention of the Parties
The counsel appearing for the State of Punjab informed the bench that Kishor has resigned.
The petitioner's counsel argued that larger issues regarding an unauthorized appointment and extra-burden on the public exchequer are remaining despite the resignation of Kishor.
Courts Observation and Judgmen
The bench said that it does not want to go into those issues as the person has already resigned. In the order disposing of the writ petition, the bench recorded that it was not approving the reasoning of the High Court.
The bench said, "We are not giving imprimatur to the reasoning in the impugned judgment".
The bench noted that the High Court had observed that the Chief Minister, being an elected representative, has manifold Constitutional duties to discharge including good governance towards the residents of the State and thus, he was at the liberty to choose his advisors.
The High Court observed, "Since an Advisor to Chief Minister is not a post but an office which is not regulated by any statutory rules, the argument that an advertisement should be issued is completely misplaced. The appointment in question is not a civil appointment, but for the purposes of perks and rank only and thus, Article 16(1) of Constitution is not attracted".
The High Court held that petitioners couldn't point out the violation of any constitutional or statutory provision which would disentitle Kishor from appointment to the post of Principal Advisor.
The bench noted that the High Court remarked that in case the appointment, as argued by petitioners, is only to accommodate some person which will put a burden on the ex-chequer, then it is for the public to take its call during the next elections.
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