Chandigarh: The Punjab and Haryana High Court, which was hearing a public interest litigation (PIL) challenging the appointment of new Haryana Chief Minister Nayab Singh Saini on Monday, issued a notice to the Centre, the Haryana Government, the Vidhan Sabha Speaker and the Election Commission seeking their response.
The court has adjourned the matter for hearing on April 30. The petition filed by advocate Jagmohan Singh Bhatti challenged the appointment of current CM Nayab Saini, the resignation of former CM Manohar Lal Khattar and the appointment of five newly appointed ministers-Kanwar Pal Gurjar, Mool Chand Sharma, Ranjit Singh Chautala, JP Dalal and Banwari Lal as unconstitutional.
The petitioner argued that the sitting MP of Kurukshetra was appointed the Haryana Chief Minister without him having tendered his resignation from his parliamentary seat. Bhatti alleged that "the newly appointed government (Haryana) is illegal and a fraud on democracy."
"Since the Chief Minister Nayab Singh Saini is a holder of the office of profit under the Government of India being a Member of the Parliament and simultaneously holding the post of the Chief Minister of the State without being a member of the Legislative Assembly of Haryana as such he invites disqualification from the post of Member of Parliament under the Representation of People Act 1951 as well as under the Constitution of India provisions," the PIL contended.
The court asked the State and Union governments whether the newly elected Haryana Chief Minister Nayab Singh Saini could run the government without being elected as a member of the state Assembly, and issued a notice seeking their reply.
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