Rajeswar may knock Centre door
THE STANDOFF between Governor TV Rajeswar and Chief Minister Mulayam Singh Yadav continues over the induction of two non-legislator nominees of the Rashtriya Lok Dal in the UP ministry.india Updated: Oct 05, 2006 01:33 IST
THE STANDOFF between Governor TV Rajeswar and Chief Minister Mulayam Singh Yadav continues over the induction of two non-legislator nominees of the Rashtriya Lok Dal in the UP ministry.
The Raj Bhawan has not yet scheduled the swearing-in ceremony despite the chief minister’s recommendation for the induction of the ministers under Article 164 (1) of the Constitution. In fact, the Raj Bhawan has categorically asserted that no swearing in ceremony would be organised. The RLD leaders, however, hope that the standoff may end soon.
The Governor has expressed strong reservations against what is being termed as ‘gross misuse’ of Article 164 (4) of the Constitution that provides for inclusion of a non-legislator in ministry for a period of six months. The RLD apparently has used the provision to its advantage in the past getting party nominees inducted and then shunting them out of the ministry without facing any election.
Although the Chief Minister’s Office is said to have sent clarifications over the queries, the governor proposes to take the issue to the Centre. He is also consulting the legal experts and may leave for New Delhi on Thursday.
The Governor’s reservations against induction of non-legislators are based on the fact that they may not become members of either of the two Houses within six-month period. No by-election is scheduled in the next six months and there are no clear vacancies in Vidhan Parishad either. A question mark thus hangs on how the RLD nominees would get elected?
The chief minister on the other hand countered the argument saying that the term of the Vidhan Sabha would only end on May 14, 2006 and anybody qualified to get elected could be inducted in the ministry.
As the House has more than six-month life, such an induction was fully justified, said a senior bureaucrat. Under the provisions of the Representation of People Act, the Election Commission could not be forced to hold the by-election if a period of less than one year is left in the expiry of the assembly’s term, he said adding the government could not be held responsible for such a scenario.
On Tuesday, the RLD chief Ajit Singh had forwarded names of Tara Chandra Shastri and Khalid Chaudhary for induction as cabinet minister and minister of state. Shastri was expected to fill the vacancy created by Dr Merajuddin Ahmad who had ceased to be minister for irrigation as the RLD failed to get him elected to either of two Houses within the six month period. Khalid Chaudhari on the other hand was expected to replace the Minister of State for Rural Engineering Service (RES) Ganga Prasad Pushkar, who tendered his resignation on Tuesday evening. Both Shastri and Chaudhary even arrived in the State Capital today.
The Governor on the other hand has accepted Pushkar’s resignation. Meanwhile, legal experts have contended that anybody eligible to become a member of the two House could be inducted as a minister for a six-month period. This has been clearly provided in Article 164 (4) of the Constitution, said CB Pandey, former legal advisor to the Governor. Any other interpretation was not in accordance with the Constitution, he said.