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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW
RAJAN ROY, RAJEEV BHARTI
Sanjay Sharma – Appellant
Versus
Union of India Thru Secretary of Ministry Personnel – Respondent
| Table of Content |
|---|
| 1. pil seeks declaration on appointments (Para 2 , 3 , 5 , 6) |
| 2. arguments against dual offices raised (Para 4 , 7 , 8) |
| 3. constitutional provisions on appointments (Para 9 , 11 , 12) |
| 4. no prohibition for mps to be appointed as cms (Para 10 , 13 , 19 , 34) |
| 5. legislators not treated as government employees (Para 20 , 22 , 26) |
| 6. relief denied; petition dismissed (Para 29 , 33 , 35) |
JUDGMENT :
Rajan Roy, J.
1. Heard Shri Chandra Bhushan Pandey, learned counsel for the petitioner and Shri Anand Singh, learned Standing Counsel for the State.
2. This is a public interest litigation which was initiated in the year 2017 seeking following reliefs:-
“i) to issue a suitable writ, order or direction declaring appointment of opposite party nos. 5 and 6 as Chief Minister and Minister (Deputy Chief Minister) of U.P., respectively, null and void w.e.f. 19.03.2017, after summoning the necessary records;
ii) to issue a writ, order or direction of or in the nature of quo warranto requiring the opposite party nos. 5 and 6 to explain on as to under what authority they are appointed as Chief Minister and Minister (Deputy Chief Minister) of U.P. and are continuing on the said post, as such;
iii) t
The Constitution does not prohibit a Member of Parliament from simultaneously holding the office of Chief Minister or Deputy Chief Minister, affirming the legality of Section 3(a) of the Parliament (....
The Court affirmed its lack of jurisdiction to issue a writ of quo warranto against a Chief Minister, reinforcing the Governor's exclusive authority under constitutional provisions.
A Chief Minister is not legally prohibited from engaging in non-official activities while in office unless explicitly stated in law, reflecting constitutional protections for freedom of speech and ex....
The court ruled that the Central Civil Services (Classification, Control & Appeal) Rules, 1965 do not apply to Ministers, preserving the Chief Minister's discretion in making appointments despite cri....
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