High Court issues notice to Haryana on plea challenging Nayab Singh Saini’s appointment

Tribune News Service

Chandigarh, March 18

Less than a week after Nayab Singh Saini was sworn in as Haryana Chief Minister, the Punjab and Haryana High Court today issued notice of motion to the state on an advocate’s petition filed in public interest for quashing his appointment.

The Bench of Acting Chief Justice Gurmeet Singh Sandhawalia and Justice Lapita Banerji also fixed April 30 as the next date of hearing in the matter. Among other things, PIL petitioner-advocate Jagmohan Singh Bhatti was also seeking directions for quashing the appointments of five other cabinet ministers Kanwarpal Gujjar, Moolchand Sharma, Ranjit Singh, JP Dalal and Dr Banwari Lal.

Bhatti contended: “The total strength of the House is 90 MLAs. By way of appointment of Saini, it exceeds the limit of 90 MLAs that is not permissible in any manner. Hence, the appointment is illegal and void.”

Describing the developments as a “political gimmick, destroying the soul of the Constitution”, Bhati said a “firm member of the parliament, elected and sitting from the Kurukshetra” has been appointed as the Chief Minister without his resignation from the parliamentary seat.

He was, as such, holding office of profit under the Government of India, being a member of parliament. The administration of oath to him as the Chief Minister of Haryana was in conflict with the Constitution of India and under the representation of people Act

Bhatti also contended that the newly appointed government was “illegal, a fraud on democracy, and a mode of corruption”.

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