Why Supreme Court rejected Uttar Pradesh government’s law allowing ex-CM to keep government house; details here

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New Delhi | Updated: May 7, 2018 2:31:43 PM

The Supreme Court today rejected the amendment to a Uttar Pradesh legislation which allows former chief ministers of the state to retain government accommodation even after demitting office, according to reports.

UTTAR PRADESH LAWA bench headed by Justice Ranjan Gogoi struck down the amendment in the legislation

The Supreme Court today rejected the amendment to a Uttar Pradesh legislation which allows former chief ministers of the state to retain government accommodation even after demitting office, according to reports. The top court in its order said former CMs of the state are not entitled to government bungalows.

A bench headed by Justice Ranjan Gogoi struck down the amendment in the legislation on the ground that it was ultra vires to the Constitution and it transgresses the concept of equality under the Constitution.

The bench said the amendment was “arbitrary, discriminatory” and violates the concept of equality. The apex court said once such persons demit public office, there is nothing to distinguish them from the common man. An NGO had challenged the amendments.

Earlier on April 19, the apex court had reserved its verdict on the NGO’s plea challenging amendments to the UP legislation allowing ex-chief ministers of the state to continue occupying government bungalows. The top court had earlier observed that if the provision, which has been challenged by NGO Lok Prahari, was held invalid, then similar legislation in other states might also come under challenge, PTI reported.

The NGO had challenged the amendments made by erstwhile Akhilesh Yadav government to the ‘UP Ministers (Salaries, Allowances and Miscellaneous Provisions) Act, 1981’. It had also challenged another UP law of 2016 called ‘The Allotment of Houses under Control of the Estate Department Bill-2016’ to regulate the allotment of government accommodation to trusts, journalists, political parties, speaker and deputy speaker of the legislative assembly, judicial officers and government officials, the report said.

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