LOK PRAHARI THROUGH ITS GENERAL SECRETARY vs STATE OF UTTAR PRADESH

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2018 Supreme(SC) 448

RANJAN GOGOI, R.BANUMATHI
LOK PRAHARI THROUGH ITS GENERAL SECRETARY – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent

Advocates Appeared:
For Parties : Mr. S.N. Shukla, Mr. Ajay Kumar Mishra, Mr. Ardhendumauli Kumar Prasad, Aman Lekhi, Ms. Priyanka Das, Sanjai Kumar Pathak, Mr. Raj Bahadur, Mr. A. Mariarputham, Ms. Aruna Mathur, Mr. Avneesh Arputham, Ms. Anuradha Arputham, Ms. Simran Jeet, Mr. Anil Grover, Ms. Noopur singhal, Sanjay Kr. Visen, Samir Ali Khan, Shuvodeep Roy, Mr. Sayooj Mohandas M., Mr. Saurabh Mishra, Mr. Arjun Garg, Ms. K. Enatoli Sema, V.N. Raghupathy, Mr. Bhupesh Narula, Mr. K.V. Jagdishvaran, Ms. G. Indira, Mr. V.G. Pragasam, Mr. S. Prabu Ramasubramanian, Mr. S. Manuraj, Mr. G. Prakash, Mr. Jishmu M.L., Ms. Priyanka Prakash, Ms. Beena Prakash, Mr. Vijay Shankar V.L., Mr. Vijaya Mohan V., Advs.

JUDGMENT

RANJAN GOGOI, J.

1. This writ petition under Article 32 of the Constitution of India raises a challenge to the validity of Section 4(3) of the Uttar Pradesh Ministers (Salaries, Allowances and Miscellaneous Provisions) Act, 1981 (hereinafter referred to as “the 1981 Act”), as amended in 2016.

2. The case has a somewhat chequered history. Suffice it will be to recapitulate that as former Chief Ministers of the State of Uttar Pradesh continued to occupy their official accommodation even after demitting office, in clear breach of Section 4 of the 1981 Act as it had then existed, a writ petition was filed before the High Court of Allahabad by the present petitioner. During the pendency of the said writ petition, a set of Rules namely “U.P. Ex-Chief Ministers Residence Allotment Rules, 1997” (hereinafter referred to as “the 1997 Rules”) were framed to provide for allotment of government accommodation to former Chief Ministers. The writ petition was accordingly amended to challenge the validity of the provisions of the 1997 Rules. However, the same was closed by the High C

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2018 Supreme(SC) 448

RANJAN GOGOI, R.BANUMATHILOK PRAHARI THROUGH ITS GENERAL SECRETARY – AppellantVersusSTATE OF UTTAR PRADESH – Respondent

Cases Referred (15)

RANJAN GOGOI, R.BANUMATHI
LOK PRAHARI THROUGH ITS GENERAL SECRETARY – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent