'Can New Haryana CM Run Govt For 6 Months Without Being Elected To State Assembly?' HC Seeks Response Of Union, State In Plea Challenging Appointment Of Nayab Singh Saini

The Punjab & Haryana High Court today asked the State and Union Government whether the newly elected Haryana Chief Minister Nayab Singh Saini can run the government without being elected as a member of the Haryana State Assembly.

A division bench of Acting Chief Justice G.S. Sandhawalia and Justice Lapita Banerji has sought a response from the State, Union Government and other authorities on a plea challenging the appointment of the new Haryana CM.

A Public Interest Litigation (PIL) was filed challenging the appointment of Haryana's new Chief Minister Nayab Singh Saini, who is also a BJP's Lok Sabha MP from Kurukshetra.

After former CM ML Khattar resigned and the entire cabinet stepped down on March 12, Saini was appointed as the new CM of Haryana.

The plea stated that Saini is a sitting MP and without having tendered his resignation from the parliamentary seat he has been administered the "oath of secrecy" as a Chief Minister of Haryana, which is violation of the Constitution and Representation Of People Act, 1951.

"Since the Hon'ble Chief Minister Sh. Nayab Singh Saini is holder of the office of profit under the Government of India being the Member of the Parliament and simultaneously holding the post of the Honourable Chief Minister of the State without being the member of 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.

Advocate Jagmohan Singh Bhatti has moved the High Court alleging that the "newly appointed government is an illegal, and a fraud on democracy."

It is submitted in the plea that the total strength of the house is 90 MLAs and by way of appointment of Nayab Singh Saini it exceeds the limit of 90 MLAs which is not permissible under the Constitution of India. "The installation of the government of Haryana on 12.03.2024 is illegal and void," the plea says.

It is also highlighted that the newly appointed CM Saini is not MLA of the Haryana Assembly and hence has committed fraud with the public, the Constitution of India and the public exchequer.

Bhatti sought the freezing of the salaries, other financial benefits and facilities provided to the Chief Minister and Cabinet Ministers.

During the hearing today, the AG Haryana Baldev Raj Mahajan submitted that the constitution under Article 164, allows holding the position of Chief Minister without being elected as a member of the State Assembly.

AG Haryana also informed the Court that the CM Nayab Singh Saini has resigned a day after his appointment as CM and there is also a vacancy in the house after the resignation of a member.

On the Court's enquiry about whether the CM is an additional member of the house, AG Haryana submitted that by virtue of Article 171, he is still entitled to participate in the proceeding but not allowed to vote.

Senior Counsel for Union Dheeraj Jain submitted that after the general election to Parliament as well as the State Legislature, a person takes oath as PM, CM and Minister first then takes oath as MP or MLA.

ASG Satya Pal Jain gave the example of Girdhar Gimang, who in 1999 being an MP was appointed as CM of Orissa and even thereafter still voted in Lok Sabha which led to the downfall of the Vajpayee Government.

"As per the Constitution he (new CM) is still entitled to be the CM for 6 months, without being elected as the member of the house," he added.

Considering the submissions, the Court directed the respondents to file their responses and posted the matter to April 30.

Jagmohan Singh Bhatti petitioner in person.

ASG Satya Pal Jain, Sr. counsel for Union Dheeraj Jain appeared for the Union Government.

AG Haryana Baldev Raj Mahajan and Ad AG Deepak Balyan for the State.

Title: Jagmohan Singh Bhatti v. Union of India & Ors.