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[Cites 0, Cited by 0] [Section 10] [Entire Act]

State of Uttarakhand - Subsection

Section 10(2) in The Uttarakhand Former Chief Minister facility (Residential and Other Facilities) Act, 2019

(2)Notwithslaiiding such repeal anything done or any action taken under the Ordinance shall be deemed to have been done or taken under the corresponding provisions of this act.[In the case of Rural Litigation and Entitlement Kendra v. State of Uttarakhand (2020), Division Bench of Ramesh Ranganathan, CJ and Ramesh Chandra Khulbe, J. declared the Uttarakahand Former Chief Ministers Facility (Residential and other Facilities) Act, 2019 as void as it extended various facilities to former Chief Ministers free of cost and hence suffers from manifest arbitrariness and is ultra vires Article 14 and 21 of the Constitution. The court decided that a Chief Minister after the completion of his/ her term will be a common person and no extra special treatment will be given to them, other than security and other protocols. The Court held that “Conferment of the benefits, of concessional accommodation, and various other facilities being provided free of cost, on the former Chief Ministers is without any adequate determining principles, excessive and grossly disproportionate and must therefore be held to suffer from manifest arbitrariness and to fall foul of Article 14 of the Constitution” The Court rejected the justification given by the Government that the former Chief Ministers had rendered invaluable service as Chief Ministers and, taking into account their contribution and as a reward for the services rendered by them, had extended those benefits after they had resigned office. (https:indiankanoon.org/doc/45114727/, https:www.scconline.com/blog/post/2020/06/12/utt-hc-uttarakhand-former-chief-ministers-facility-residential-and-other-facilities-act-2019-declared-unconstitutional-being-ultra-vires-arts-14-and-21/)]