Punjab & Haryana High Court Seeks Union, State's Response On Plea Challenging Haryana CM Nayab Singh Saini's Appointment

The Punjab & Haryana High Court today sought a response from the State and Union Government on a PIL filed challenging the appointment of Haryana Chief Minister (CM) Nayab Singh Saini, on the ground that he had allegedly appointed counsel of ministers more than 15% of total strength of the house and violated the constitution during his previous tenure.

Article 164(1A) of the Constitution, states that the total number of ministers in a state's council of ministers, including the Chief Minister, cannot exceed 15% of the total number of members of the state's legislative assembly. However the plea States that the cabinet minister appointed by Saini should be 13, but they are 14 in strength, which is in violation of the constitutional mandate.

The plea also alleged that previously without having tendered his resignation from the parliamentary seat he had administered the "oath of secrecy" as a Chief Minister of Haryana after the resignation of Manohar Lal Khattar in 2023.

A PIL challenging CM Saini's appointment in the previous government is already pending consideration and replies were filed.

Chief Justice Sheel Nagu and Justice Anil Kshetarpal listed the matter for December 18, along with the earlier PIL, and asked the respondents to seek instructions and file the reply.

Former CM ML Khattar resigned during the previous government and the entire cabinet stepped down on March 12, 2023 Saini was appointed as the new CM of Haryana. After the State Assembly Election in October, BJP emerged victorious and Nayab Singh Saini was again appointed as the CM of Haryana.

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

Jagmohan Singh Bhatti stated in the PIL that the total strength of the house was 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.

It added that the act of the CM was already under judicial review and he has again been appointed as the CM, "therefore it attract consequences".

Jagmohan Singh Bhatti, petitioner in person.

AG Baldev Raj Mahajan appeared for Haryana.

ASG Satya Pal Jain, Sr. Panel Counsel Dheeraj Jain appeared for Union Government.