Plea challenging Haryana CM’s appointment: High court issues notice seeking response of Centre, state government
The petitioner argued that Kurukshetra MP Nayab Singh Saini was appointed the Haryana Chief Minister though he had not tendered resignation from his parliamentary seat.
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The petitioner argued that the sitting MP of Kurukshetra was appointed the Haryana chief minister without him having tendered his resignation from his parliamentary seat. (PTI Photo)The Punjab and Haryana High Court, which was hearing a public interest litigation (PIL) challenging the appointment of new Haryana Chief Minister Nayab Singh Saini on Monday, issued notice to the Centre, Haryana Government, Vidhan Sabha Speaker and the Election Commission seeking their response.
The division bench of Acting Chief Justice G S Sandhawalia and Justice Lapita Banerji then adjourned the matter for hearing on April 30.
The PIL, filed by Advocate Jagmohan Singh Bhatti, also challenged the appointment of the five new Cabinet ministers – Kanwar Pal Gurjar, Mool Chand Sharma, Ranjit Singh Chautala, J P Dalal and Banwari Lal.
The petitioner argued that the sitting MP of Kurukshetra was appointed the Haryana chief minister without him having tendered his resignation from his parliamentary seat. Thus, Saini being administered the oath of secrecy as chief minister is in contravention of the constitutional laws, he said.
Bhatti argued that this conflicts with the Constitution and the Representation of the People Act, 1951 and alleged that “the newly appointed government (Haryana) is illegal and a fraud on democracy.”
Appearing for Haryana, Advocate General Baldev Raj Mahajan submitted that the Constitution, under Article 164, allows a person to hold the position of chief minister without being elected as a member of the state Assembly.
The bench then asked the state and Union governments whether the newly elected Haryana chief minister Nayab Singh Saini can run the government without being elected as a member of the state Assembly, and issued notice seeking their reply.
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