Bhubaneswar, Sept 11: The Orissa High Court has dismissed a petition challenging the creation of two Deputy Chief Minister posts in the state, observing that such a position, though not specifically mentioned in the Constitution, does not violate any constitutional provision.
A division bench comprising Chief Justice Harish Tandon and Justice Chittaranjan Dash said the post of Deputy Chief Minister is largely ceremonial and that the holder remains a part of the Council of Ministers. The court observed that the arrangement has been made to maintain a balance in the administrative system and does not amount to a constitutional violation.
The petition was filed by advocate Elina Dash, who challenged the appointment of two Deputy Chief Ministers when the new Odisha government was formed in 2024. She argued that since the Constitution does not provide for such a post, its creation was legally impermissible.
The petitioner further contended that Deputy Chief Ministers do not enjoy any additional powers over Cabinet Ministers in terms of protocol, yet substantial public money is spent on their security and office establishments.
The state government opposed the petition and presented its arguments before the court. After hearing both sides, the High Court had reserved its judgment on August 27.
In its judgment, the court also strongly criticised the PIL, cautioning against the misuse of public interest litigation for personal interests or specific purposes.
“Public interest litigation is a powerful and noble instrument,” the court observed, adding that the judiciary cannot permit its misuse. The bench noted that the petition had consumed considerable judicial time and said that a penalty could have been imposed on the petitioner.
However, taking into account that the petitioner is a young lawyer, the court refrained from imposing a fine. It expressed hope that if she files PILs in the future, they would address issues affecting people at the grassroots level.
The court subsequently disposed of the matter.
Advocate General Pitambar Acharya appeared for the Odisha government.
