No lifetime free bungalow for ex-CMs: Patna high court

In a significant judgment, the Patna high court on Tuesday struck down the facility of life time allotment of bungalows to former chief ministers of Bihar with unlimited financial maintenance facilities, which it found contrary to the provision of the Constitution as well as the law laid down by the Supreme Court in Lok Prahari case of Uttar Pradesh.

A division bench of chief Justice AP Sahi and Justice Anjana Mishra delivered the judgment it had reserved on January 11 after hearing a public interest litigation (PIL) petition initiated suo motu on the orders of the chief justice on January 7 last year.

“In a democracy, which is founded on principles of socialism, it is difficult to comprehend unlimited expenditures being made available, that too even through executive instructions, without any corresponding provision in any statutory law. This is clearly arbitrary... this sort of a benefit being 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 life time privilege available after demitting office merely because they are in politics,” the court observed in the judgment.

“This is a blatant example of overspending from the public exchequer and drawing from the well of finances that are already deficit. It is high time that the boundaries of such expenditure are re-drawn and funneling of state finances is checked…” the court said

“Any law or executive instructions in excess of powers, as involved in the present case, is, therefore, ultra vires, showing complete disregard to the Constitution and being repugnant to the Constitutional philosophy of democratic socialism. The action clearly infringes the fundamental rights guaranteed under the Constitution and militates against the ideas of justice.”

Concluding the voluminous judgment of 47 pages, the court also struck down the provision made under the Amending Act, namely Bihar Act No.10 of 2010, for allotting a residence to a former chief minister for life time.

The court further struck down the resolution of Bihar’s building construction department as it also suffered from the “vice of an excessive extension of benefits beyond the constitutional limits” to ex-chief ministers.

As a consequence thereof, the allotments made under the office memorandum dated March 22, 2016, and May 25, 2018, were also quashed.

The court asked the allottees to vacate the premises unless they were otherwise entitled to retain the same under any other law of allotment for the time being in force in the State of Bihar. The court simultaneously directed the chief secretary to issue an appropriate order in the light of above.

The executive order came to the notice of the court during the hearing of RJD leader Tejashwi Prasad Yadav’s petition challenging the building construction department notification, asking him to vacate the bungalow allotted to him while he was the deputy chief minister. The said executive order of March 22, 2016, had stated that former chief ministers of Bihar would be entitled to retain ear-marked bungalows for their lifetime and with all facilities including maintenance that shall be looked after by the state government without any financial limits.

Beneficiaries of the executive order were the five former chief ministers, namely Satish Prasad Singh, allotted House No. 33/A, Hardinge Road, Dr Jagannath Mishra, allotted House No. 41, Kranti Marg (Hardinge Road, Patna), Lalu Prasad, allotted House No. 10 Circular Road, Rabri Devi, allotted House No. 10, Circular Road, Nitish Kumar, allotted House No. 7, Circular Road and Jitan Ram Manjhi, allotted House No. 12M, Strand Road.

How long they served

Satish Prasad Singh, who was CM barely five days (from Jan 28 to Feb 1, 1968) has been allotted 33A of Kranti Marg

Jitan Ram Manjhi, CM for nine months (from May 20, 2014, to Feb 22, 2015) has been residing in 12 Stand Road

Former CMs Lalu Prasad and Rabri Devi may also have to vacate their spacious 10 Circular Road

Former CM Jagannath Mishra is also occupying 41 Kranti Marg (also known as Hardinge road) residence.

First Published: Feb 20, 2019 09:35 IST