Supreme Court lawyer on Monday filed a writ petition with the High
Court challenging the legality of holding minister without portfolio
post by Suranjit Sengupta.
Advocate Tuhin Malik filed the
petition as a public interest litigation seeking directive from the HC
on the government to suspend the facilities and benefits that Suranjit
has been enjoying as a minister without portfolio.In his petition, Tuhin Malik said that there is no post of minister without portfolio in the republic as per the constitution.
There are posts of minister, deputy minister and state minister as per the constitution, he said.
If any minister submits resignation letter, it will be considered that he/she has already resigned, the petitioner said.
He/she has to take fresh oath for holding the post of minister after resignation. But Sengupta has not taken fresh oath after his resignation, he mentioned in his petition.
The HC may hear the petition later in the day.
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