HC notice on plea challenging appointment of Saini as Haryana CM

The Punjab and Haryana high court on Monday sought a response from the Centre and Haryana government on a public interest litigation (PIL) challenging the appointment of Nayab Singh Saini as Haryana chief minister.

The PIL from lawyer Jagmohan Singh Bhatti claims Saini was appointed the chief minister without him having tendered his resignation from his Parliamentary seat. The appointment is in conflict with the constitutional provisions and the Representation of the People Act 1951.

Saini is holder of the office of profit under the Government of India, being a Member of Parliament and simultaneously holding the post of the chief minister of the state without being Member of Legislative Assembly as such he invited disqualification from the Member of Parliament under the Representation of the People Act 1951, it says adding that when he took the oath of office the number of MLAs exceeded from the strength fixed of 90 members.

Saini, an MP from Kurukshetra, was appointed as CM following Manohar Lal Khattar’s resignation on February 12. Subsequently, Khattar had tendered his resignation from the Karnal assembly seat.

During the hearing, state’s advocate general BR Mahajan had submitted that under Article 164 a person can be appointed as chief minister without being elected as a Member of the House.

The Additional Solicitor General Satya Pal Jain had submitted that as per the constitution, the new chief minister is still entitled to be on the post for the next six months, without being elected as a Member of the House. He also cited an example of Giridhar Gamang, who in 1999, being a Congress MP was appointed as chief minister of Orissa and even thereafter still voted in Lok Sabha which led to the fall of then Atal Bihari Vajpayee government in 1999 by one vote.

The responses have been sought by April 30.