Chouhan was foisted as CM, alleges PIL
A PRO bono publico writ challenging the need for holding two by-elections and the selection of Shivraj Singh Chouhan as Chief Minister by BJP has been filed in the Indore bench of Madhya Pradesh High Court.india Updated: Apr 06, 2006 14:54 IST
A PRO bono publico writ challenging the need for holding two by-elections and the selection of Shivraj Singh Chouhan as Chief Minister by BJP has been filed in the Indore bench of Madhya Pradesh High Court.
The petition said that State Bharatiya Janata Party unit had thrust Chouhan upon people of Madhya Pradesh, showing no regard for their votes and wisdom. The public interest litigation said that Chouhan had been undemocratically elected, as the Chief Minister should be from among elected MLAs and not a MP.
Litigants Satya Pal Anand and Asif Khan said that BJP had a duty to explain its conduct and state how it could exercise its powers in a manner that violated the fundamentals of democracy upon which the entire Constitutional system was based. The PIL has demanded to know whether it was not breach of trust, which people reposed in BJP to get a government headed by a Chief Minister from among the MLAs and whether the party had no duty satisfy the court about its stand.
The petition queried as to why a financially backward state like Madhya Pradesh should be loaded with avoidable financial expenses to hold two by-elections for making Chouhan the CM. It said that holding by-elections warrants extraordinary situations when no other alternative exists. The party, on the contrary, had several alternatives (MLAs) to choose from.
The State, the writ said, which could fulfill the basic needs of its people had no right undertake such expenses. Moreover, it was public money that was put to waste in holding by-elections, the PIL said.
If Congress and socialist parties abused Article 164 (4) of the Constitution, BJP, which claims to be party with difference, should have shown regard for the morality it claims. Raising another point, the PIL wished to know whether the elected MLAs were devoid of ability to become the Chief Minister and if that was the case, why did BJP give tickets to people with no worth?
Making other submissions, the petitioners have appealed to declare Union Government’s move to bear 50 per cent of expenses for people going to Kailash Mansarovar and giving subsidies to Haj pilgrims as unconstitutional. It has also asked the court to direct the government to reduce number of holidays, including Gudi Padwa.
The respondents in case are Chief Minister Shivraj Singh Chouhan, the State Chief secretary and the State BJP president.
Incidentally, Anand had filed a PIL when Union Government had imposed a ban on RSS in 1992 and it was through this litigation that local Sangh office was handed back to the organisation. It was the country’s first RSS office to be unlocked during the ban.