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Bimolangshu Roy(Dead)Through Lrs. vs State Of Assam . on 26 July, 2017

25. It has been contended that petitioner No.1 was Chief Parliamentary Secretary during 2009 to 2012 and at that time Himachal Pradesh Parliamentary Secretaries (Appointment, Salaries, Allowances, Powers, Privileges & Amenities) Act, 2006 was neither assailed nor held to be ultra vires the Constitution by any competent Court of law, whereas in present scenario the Supreme Court vide judgment passed in Bimolangshu Roy Vs. State of Assam & Another, (2018) 14 SCC 408, has declared such Act to be illegal for lack of competency in the Legislature to enact such an Act and, therefore, holding of post of Chief Parliamentary Secretary by petitioner No. 1 at a time prior to verdict of the Supreme Court and in absence of any challenge to his appointment and for want of declaration of Act as ultra vires CMP No. 11399 of 2023 in CWP No.2507 of 2023 ...13...
Supreme Court of India Cites 66 - Cited by 11 - J Chelameswar - Full Document
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