No attempt to stop MP from becoming CM, Deputy CM…Lucknow bench rejects PIL

Lucknow: The Lucknow bench of the High Court rejected the petition demanding that the appointment of CM and Deputy CM be declared unconstitutional. While hearing the case, the High Court said that there is no provision to stop an MP from becoming the Chief Minister or Deputy Chief Minister. A public interest litigation was filed in the year 2017, which was rejected by the court. In the petition, the appointment of CM Yogi Adityanath and Deputy CM Keshav Prasad Maurya was challenged. According to the petition, a demand was made to declare the holding of the posts of CM and Deputy CM while being Lok Sabha members unconstitutional.

The High Court rejected the petition after hearing. The High Court said that both the appointments made as CM and Deputy CM on March 19, 2017 were completely in accordance with the Constitution. According to the petition, at the time of swearing in on March 19, 2017, Yogi Adityanath and Keshav Prasad Maurya were members of Parliament. It was argued in the petition that he could not hold two constitutional posts simultaneously. In the petition, it was said to be against the principle of separation of powers and office of profit.

In its detailed decision, the High Court rejected all the arguments outright. Commenting, the High Court said that there is no express or implicit provision in the Constitution which prevents any MP from becoming CM or Deputy CM. The post of MP is not a constitutional post but an elected post. Whereas the Chief Minister is appointed by the Governor under Article 164. The Constitution itself allows that a person who is not a member of the state legislature can be Chief Minister or Minister for six months. Let us tell you that within this period, Yogi Adityanath and Keshav Prasad Maurya had also resigned from the membership of Parliament. The High Court said that there is no constitutional or legal basis in the petition.