Maintaining that MPs cannot be chief ministers or ministers in a state unless they resign from their seats, a writ petition seeking to quash the appointment of Uttar Pradesh Chief Minister Mayawati and Minister of State Satish Chandra Mishra has been filed in the Supreme Court.
The petition filed by UP-based advocate and president of the Hindu Personal Law Board, Ashok Pandey, claimed that under the Constitutional provisions an MP has to resign his seat before getting elected to the state legislature.
The petitioner urged the court to issue a quo warranto (court's direction to a particular authority to explain under what authority he/she was discharging such powers) to the chief minister and the minister.
It was submitted the two were sitting Rajya Sabha Members and hence stood disqualified from being the chief minister and minister at the state level.
Quoting Article 164 (4) of the Constitution, the petition stated that even a non-member of the Legislative Assembly can be appointed as a minister, provided he/she gets elected to the Assembly within a six months period from the date of appointment.
The same principle applies to the post of prime minister or a minister at the central level.
But Pandey claimed that there was no provision in the Constitution for a Member of Parliament to be appointed as chief minister or minister in the state, as such a member has to resign his/her parliamentary seat to contest the elections for the Assembly.
According to the petition, the case of Mayawati was not an isolated one, as all political parties were indulging in such unconstitutional practice by projecting certain sitting MPs as their prospective chief ministers without asking them to resign the Parliament seats.
The petition further noted that it would be unconstitutional for an MP not to resign before being elected as chief minister as otherwise he/she would be getting dual pay, perks and other benefits available to the two posts.
It recalled that in 2004, two ministers Paras Nath Yadav and Reoti Raman Singh resigned from the Mulayam Singh government after a writ petition was filed in the Allahabad high court challenging their continuance in the ministry as they were already sitting MPs.
However, the petition was yet to be disposed of till date, Pandey submitted.
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