The Hindu : National : Petition challenges Hooda becoming Chief Minister

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Tuesday, May 03, 2005

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National

Petition challenges Hooda becoming Chief Minister

Legal Correspondent

Fresh interpretation of Articles 75(5), 164(4) sought

NEW DELHI: The Supreme Court on Monday admitted a public interest litigation petition challenging the appointment of Bhupinder Singh Hooda as Haryana Chief Minister. He was not elected to the Assembly.

A three-judge Bench, comprising Chief Justice R.C. Lahoti, Justice A.R. Lakshmanan and Justice G.P. Mathur, issued notice to the Centre, the Haryana Government and Mr. Hooda on the petition filed by the Adhivakta Parishad, a non-governmental organisation, and 13 advocates seeking a fresh interpretation of Articles 75(5) and 164(4).Rama Jois, former Bihar Governor and senior counsel, said the Constitution provided for the appointment of a non-elected member only as minister and not as Chief Minister or Prime Minister.

Under Articles 75(5) (for appointment of a Central Minister) and 164(4) (for appointment of a State Minister), the word minister "does not include the Chief Minister or Prime Minister."

Counsel said if a non-elected member appointed minister failed to get elected to the House within six months, he/she would lose ministership.

But when a non-elected member, appointed Chief Minister or Prime Minister failed to get elected, the entire Council of Ministers would have to go along with him/her.

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