Supreme Court reserves verdict on plea against Mayawati
Court reserves verdict on a public suit questioning Mayawati's appointment as CM on the ground that an MP cannot be appointed CM without resigning membership of parliament.delhi Updated: Jun 11, 2007 20:50 IST
The Supreme Court on Monday reserved verdict on a public suit questioning Mayawati's appointment as Uttar Pradesh chief minister on the ground that an MP cannot be appointed chief minister without resigning membership of parliament.
A vacation bench of Justices Arijit Pasayat and PP Naolekar reserved orders after hearing a Lucknow-based advocate, Ashok Pandey, who had filed a quo warranto writ petition questioning under what authority Bahujan Samaj Party (BSP) leader Mayawati was continuing in office as chief minister of Uttar Pradesh even as she retains her Rajya Sabha membership.
In his petition, Pandey also challenged the appointment of Satish Chandra Mishra as a minister in Mayawati's cabinet even as he too retained his Rajya Sabha membership.
The petition even challenged the continuation of all the state ministers as they were appointed by the governor on the advice of a "disqualified and unconstitutionally appointed" chief minister.
The bench told the petitioner that there was no bar under the law for an MP becoming a chief minister. The only requirement was that on becoming a minister he/she should resign the post of MP within 14 days.
However, since important question of law was raised, the bench reserved verdict and said it would pass a detailed order.
The petitioner said: "The constitution permits a non-legislator to become prime minister, chief minister or minister in case he or she undertakes to contest the election and become a legislator within a period of six months. But since both Mayawati and Mishra are already MPs of the Rajya Sabha, they were not entitled to claim their appointment under the non-legislator class unless they resign their membership of parliament and become a non-legislator."
He cited earlier instances when an MP had been appointed chief minister of a state and said that politicians were continuing the unconstitutional act.
Pandey said the apex court must determine the constitutionality of parliamentarians becoming chief ministers without resigning their office as MP. He said that such appointments would also offend the office of profit law since a person cannot get pay and allowances both as an MP and minister in a state.
He sought quashing of the appointments of Mayawati and Mishra contending that they had usurped their offices. He also wanted that all the decisions taken by her government since she assumed charge, as her appointment as chief minister should be declared null and void.