the goan I network
PANAJI
Based on the Public Interest Litigation petition filed by one Sanjai Sharma, a division bench comprising justices Sudhir Agrawal and Virendra Kumar on Monday issued a notice to Attorney General Mukul Rohatgi questioning why Yogi Adityanath and Keshav Prasad Maurya continue to hold posts as MPs as well as CM and Deputy CM.
Referring to the UP petition, GPCC general secretary and chief spokesperson Sunil Kawthankar stated, “Based on the same petition, we have consulted certain legal experts and the party is exploring options to file a similar petition against Goa CM Manohar Parrikar. Parrikar’s standing is not very different from Adityanath’s.”
The PIL filed against UP CM Adityanath argues that a parliamentarian cannot take up the office of a minister in a state government as it amounts to violation of Article 101(2) of the Constitution of India which states, “No person shall be a member both of Parliament and of a House of the Legislature of a State, and if a person is chosen a member both of Parliament and of a House of the Legislature of a State, then, at the expiration of such period as may be specified in rules made by the President, that person’s seat in Parliament shall become vacant, unless he has previously resigned his seat in the Legislature of the State.”
The constitutionality of Section 3 (A) of the Prevention of Disqualification Act, 1959 has also been challenged. The particular section declares that certain offices of profit, including the office of a minister for a state government do not to disqualify a member for being chosen as a Member of Parliament
The petitioner has sought for the appointment of Adityanath as the CM and Maurya as the Deputy CM to be set aside and for their Lok Sabha seats be declared vacant.
The Lucknow bench of the Allahabad HC has set the matter for hearing on May 24
Adityanath and Maurya are likely to resign from their parliamentary seats only after casting their vote in the presidential election this July, similar to Goa CM Parrikar’s plan of action as disclosed by Bharatiya Janata Party.
LEGAL WRANGLE
Based on a PIL, Allahabad High Court issued a notice to Attorney General Mukul Rohatgi questioning why Yogi Adityanath and Keshav Prasad Maurya continue to hold posts as MPs as well as CM and Deputy CM
Now, Congress has consulted legal experts and is exploring options to file a similar petition against Goa Chief Minister Manohar Parrikar, who is still a RS MP
