UP governor accepts resignation of disqualified MLAs
These MLAs had lost their membership of the Vidhan Sabha following SC's verdict from the date they were inducted in the ministry, reports Umesh Raghuvanshi.india Updated:
Governor TV Rajeswar has accepted resignations of the seven ministers, who had lost their membership of the Vidhan Sabha following the Supreme Court's verdict from the date they were inducted in the ministry.
According to sources Raj Bhawan has returned the file to the State Government accepting resignations of the ministers from the date they were inducted in the ministry. The ministers had lost their membership w.e.f. August 27, 2003 following Supreme Court’s verdict disqualifying the 13-MLAs. The State Government is yet to issue the notification regarding the Governor's acceptance of the resignations of the ministers. Chief Minister Mulayam Singh Yadav had handed over the resignations of ministers to the Governor on February 15, 2007 following summons from Raj Bhawan.
Those whose resignations have been accepted include the Minister for Rural Development, Rajpal Tyagi, Minister of State (Independent Charge) for Women Welfare, Culture, IT and Electronics Rajendra Singh Rana, the Minister of State (Independent Charge) for Agriculture Education and Research Yogesh Pratap Singh, Minister of State (Independent Charge) for Programme Implementation, National Integration, Ayurvedic and Homeopathic education Veerendra Singh Bundela, Minister of State (Independent Charge) for Fisheries, Administrative Reforms and Entertainment Tax Dinesh Singh, Minister of State for Social Welfare, SC and ST welfare Shailendra Yadav alias Lalai and the Minister of State for Agriculture Jai Prakash Yadav.
Raj Bhawan remained tightlipped on the issue. A senior officer of the State Government however confirmed that the file regarding the Governor's nod to resignations had been received on Saturday. Officer quoted the Article 164 (1b) of the Constitution of India to point out that a minister who is disqualified ceases to continue in office from the date of disqualification.
New clause of Article 164 (1b) inserted through the Constitution (91st Amendment) Act, 2003 reads, "A member of the Legislative Assembly of a State or either House of the Legislature of a State having Legislative Council belonging to any political party who is disqualified for being a member of that House under paragraph 2 of the Tenth Schedule shall also be disqualified to be appointed as a Minister under clause (1) for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or where he contests any election to the Legislative Assembly of a State or either House of the Legislature of a State having Legislative Council, as the case may be, before the expiry of such period, till the date on which he is declared elected, whichever is earlier."
As the Governor had not taken any decision on the resignations of these ministers many of them had continued to enjoy the privileges and perks including cars attached to their office.