UP law providing bungalows to ex-CMs violates Article 14, liable to be struck down: amicus curiae

He submitted that ministers who have demitted office do not require public property and added that “substantial number of bunglows in Lucknow will have to be evicted” if the court struck down the amended clauses. “A large number of bunglows had also been given to trusts”, he pointed out.

Hearing the PIL filed by NGO Lok Prahari, the bench queried if it should extend its scope as it had been pointed out that the similar provisions existed in five other states. The UP government had in the past taken the stand that the facility was given to ex-CMs in line with what is being provided to former Presidents, Prime Ministers and Vice Presidents.

Subramaniam said if the court wanted to expand the scope of the PIL, it will have to hear the states and the Centre.

In response to the state’s contention that the facility was being provided to ex-CMs in line with what is provided to former Presidents, V-Ps and PMs, S N Shukla, who represented the NGO, stated that the Constitutional position of the two were different and that the two could not be compared.

The bench agreed with his contention that there was no need to bring other states into the picture now as the principle laid down in this case will also apply to other states.

The NGO had challenged the amendments made in 2016 to the Uttar Pradesh Ministers (Salaries, Allowances and Miscellaneous) Provisions Act, 1981.

The amendment was introduced by the then Akhilesh Yadav government after the apex court on August 1 ordered eviction of official bungalows allotted to six former CMs within two months upon finding that the 1997 rules of allotment, introduced by the state, were in contravention of the existing Uttar Pradesh Ministers (Salaries, Allowances and Miscellaneous Provisions) Act 1981.

The court will hear the Uttar Pradesh government’s counsel on January 11.