Can a secretary of state be a party in a petition?

Why chief secretary of state cannot be a party in petition?

3 Answers
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Ayantika Mondal
Advocate Ayantika Mondal Answered: 23 Jan 2025

The Chief Secretary of a state cannot be a party in a petition because they are a high-ranking administrative official representing the state government's executive branch, not a direct stakeholder in the specific legal dispute. Their role is administrative and supervisory, so they are typically impleaded as a representative of the state government when required, rather than being a direct party to the litigation.

A M Iktear Uddin (Anik)
Advocate A M Iktear Uddin (anik) Answered: 02 Nov 2024

While a Chief Secretary plays a significant role in state administration, their position as an administrative head and representative of government policy means they are generally not named as parties in legal petitions. Instead, any legal disputes involving state actions are typically addressed through appropriate governmental channels and representatives.

Admin
Advocate By LEAD INDIA Answered: 04 Apr 2024

Sir, recently in a notice released by the Uttarakhand High Court instructed lawyers to refrain from including the chief secretary as a party in any state government-related lawsuit or cases. Dhananjay Chaturvedi, registrar general of the high court, released a notification that stating, "The members of Bar Council shall agree that although the chief secretary to the government is the head of the state secretariat, no department of the government comes under his portfolio." For further legal assistance contact us on our helpline number.

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