The Allahabad High Court asked the Centre as well as the Uttar Pradesh Government to file their response on a plea seeking disqualification of state Chief Minister Yogi Adityanath and his deputy Keshav Prasad Maurya for not resigning as members of the Parliament, a PTI report said today. The court had earlier issued a notice to the Attorney General, after which Additional Solicitor General Ashok Mehta and UP Advocate General Raghvendra Singh appeared in the court. The Allahabad High Court had asked them to file a counter-affidavit. The court had passed its order on a plea by Sanjai Sharma.
In his plea before the court, the petitioner had cited the Constitution to say that a member of the Parliamentarian cannot become a minister in the state government. Sharma demanded that Yogi Adityanath’s appointment as chief minister and Maurya as deputy chief minister be scrapped and their Parliamentary seats be declared vacant. In the Parliament, while Yogi Adityanath is a Lok Sabha MP from Gorakhpur, Maurya is a Lower House member from Phulpur town.
As per PTI, the petitioner has challenged the constitutionality of section 3(A) of the Parliament (Prevention of Disqualification) Act. The court issued a notice to the Attorney General, as the constitutionality of a central act cannot be tested without hearing him.
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The state government had recently denied permission to the Allahabad High Court to prosecute Chief Minister Yogi Adityanath in a 2007 riots case. He has been accused of encouraging tension in Gorakhpur by making an inflammatory speech, an Indian Express report had said.
State’s chief secretary Rahul Bhatnagar had informed the Allahabad High Court of the home department’s decision not to give any permission for the prosecution of the chief minister, the paper said further.