HC seeks response of Centre, Haryana govt on plea challenging CM Saini's appointment

HC seeks response of Centre, Haryana govt on plea challenging CM Saini’s appointment

Chandigarh, Mar 18 (PTI) The Punjab and Haryana High Court on Monday issued notices to the Centre, Haryana government and Election Commission on a plea challenging the appointment of Nayab Singh Saini as the chief minister.

A division bench of Acting Chief Justice G S Sandhawalia and Justice Lapita Banerji sought their response in the matter and fixed April 30 as the next date of hearing in the case.

Advocate Jagmohan Singh Bhatti, who has filed the PIL, has alleged that the newly formed government in Haryana led by Saini is “illegal and a fraud on democracy”.

Speaking to reporters here, Bhatti said he has submitted that Saini’s appointment as Haryana chief minister is “illegal” on various grounds.

The lawyer said he has submitted that the total number of Haryana assembly members is 90.

“By appointing Nayab Singh Saini as chief minister of the state, the number of members in the House has been increased beyond 90 members, which is not in accordance with the constitutional provisions,” he told reporters.

Bhatti said he has also submitted that as the chief minister’s appointment is “illegal”, the appointment of five new cabinet ministers who took oath with Saini — Mool Chand Sharma, J P Dalal, Kanwar Pal Gurjar, Banwari Lal and Ranjit Singh Chautala — is also “illegal”.

Giving other grounds, he said that there is reasonable assumption that Saini was holding office of profit at the time of taking oath as the chief minister being a sitting MP from Kurukshetra Lok Sabha seat.

He said Saini, under these circumstances, could not have taken oath as chief minister “as there is a constitutional bar”.

Bhatti has argued that this is contrary with the Constitutional provisions and the Representation of the People Act, 1951.

On his plea, the high court has issued notices to the Centre, Haryana government, Election Commission and the Haryana Assembly Speaker, he said.

Saini took oath as the new chief minister last week.

The BJP named Saini as Haryana’s new chief minister on March 12, hours after the surprise resignation of Manohar Lal Khattar from the post along with his cabinet ministers.