The Hindu : Front Page : Supreme Court reserves order on plea against Mayawati

Online edition of India's National Newspaper
Tuesday, Jun 12, 2007
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Supreme Court reserves order on plea against Mayawati

Legal Correspondent

New Delhi: The Supreme Court on Monday reserved verdict on a petition questioning the appointment of Mayawati as Uttar Pradesh Chief Minister without her resigning her Rajya Sabha membership. Ashok Pandey, an advocate of Lucknow, in his public interest litigation petition, also questioned the appointment of Satish Chandra Mishra as Minister in her Cabinet even as he is retaining his Rajya Sabha membership.

A vacation Bench consisting of Justices Arijit Pasayat and P.P. Naolekar told counsel that there was no bar under the law on an MP becoming Chief Minister. The only requirement was that he/she should resign Parliament membership within 14 days of his/her becoming Minister. However, as an important question of law was raised, the Bench said it would pass a detailed order.

Jayalalithaa case

When the petitioner cited the instance of the Supreme Court unseating AIADMK leader Jayalalithaa as Tamil Nadu Chief Minister on the ground that she was disqualified to be appointed Chief Minister under Article 164 (4) of the Constitution, the Bench said, "That was on a different issue." Also, a general tendency would not render a provision [Article 164 (4)] unconstitutional.

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