Appt of Mayawati as UP CM challenged in SC

New Delhi, May 30: An advocate of Allahabad High Court has approached the Supreme Court seeking directions for removal of Uttar Pradesh Chief Minister Mayawati and Mr Satish Chandra Mishra a Minister in UP, on the grounds that they are still the members of Rajya Sabha and are hence, disqualified from holding the post of Chief Minister and minister.

The petitioner Ashok Pandey who claimed to be the President of Hindu Personal Law Board and Rashtra Raksha Manch in his petition has contended that Ms Mayawati and her ministerial colleague Mr Satish Chandra Mishra cannot continue with their present post, as they have not resigned their Rajya Sabha seat.

The petitioner has also prayed to the apex court for issuing a writ of quo warranto against all the ministers in the state cabinet as they were appointed by the Governor on the advice of a disqualified and unconstitutionally appointed chief minister.

The petitioner has also prayed that all decisions taken by the BSP government must be quashed as unconstitutional and illegal. Ms Mayawati and Mr Satish Chandra Mishra did not contest the assembly elections and they are not MLAs till date.

The petitioner had impleaded Ms Mayawati, Mr Satish Chandra Mishra as respondents.

Mr Pandey has also prayed for restraining the respondents from acting as the Chief Minister as well as minister of UP till the final disposal of the present petition. The petitioner has also questioned the authority of the two under which they are holding their office.

According to the petitioner, a person who has been projected as the chief ministerial candidate and has not contested the election can be appointed as Chief minister or minister, subject to the condition that he or she will get himself or herself elected to the assembly or Legislative Council within six months from taking the charge but a person who is already a member of either House of Parliament cannot take over as chief minister or minister in a state without resigning from the seat of Parliament. In the present case, both Ms Mayawati and Mr Satish Chandra Mishra are continuing as members of Rajya Sabha even after taking over their respective post.

The petitioner has sighted that the example of three ministers in Mulayam Singh Yadav's government whose continua nce in the State Council of ministers was also challenged on the same grounds that they had not resigned from their Lok Sabha seat and were therefore, disqualified from continuing as ministers in the State Cabinet. The petition against Mrs Anuradha Chauhan, Mr Reoti Raman Singh and Mr Parasnath Yadav, the three MP ministers in Mulayam Singh Yadav government is still pending before the Allahbad High Court. The petition is likely to come up for hearing next week.

Ms Mayawati who had won absolute majority in UP Assembly elections was sworn in as state Chief Minister by the UP Governor on May 13, 2007 and 49 ministers were also administered oath of office by the Governor along with her. After few days Mr Satish Chandra Mishra believed to be the chief architect of dalit brahmin unity during the state assembly elections was also made minister.

UNI

Related Stories

>