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Pilla Bewarse
Username: Basky_indya
Post Number: 497
Registered: 03-2006
Posted From: 70.124.74.195
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Votes: 0(Vote!) | | Posted on Friday, June 01, 2007 - 1:34 am: |    |
New Delhi: Maintaining that MPs cannot be made chief ministers or ministers in a state unless they resign from their seats, a writ petition seeking quashing of 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.
In the case of Mayawati and Mishra, 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.
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