The Punjab and Haryana High Court has taken a significant step in response to a plea challenging the appointment of Nayab Singh Saini as the chief minister of Haryana. The court has urged the Haryana government, the Centre, and the Election Commission to provide a response regarding CM Saini’s appointment, highlighting the legal scrutiny surrounding this issue.
A division bench comprising Acting Chief Justice G S Sandhawalia and Justice Lapita Banerji has issued notices to the concerned authorities and set April 30 as the next date of hearing in this case. The plea, filed by advocate Jagmohan Singh Bhatti, alleges that CM Saini’s appointment is “illegal and a fraud on democracy.”
Bhatti, speaking to reporters, outlined the grounds on which the appointment is being challenged. He pointed out that the total number of members in the Haryana assembly is 90, and by appointing Saini as chief minister, the number of members in the House has exceeded this constitutional limit. This discrepancy forms a core part of the argument against the legality of Saini’s appointment.
Additionally, Bhatti argued that Saini’s appointment violates constitutional provisions due to his alleged holding of an office of profit at the time of taking oath as the chief minister, as he was a sitting MP from Kurukshetra Lok Sabha seat. This, according to Bhatti, constitutes a constitutional bar against Saini assuming the role of chief minister.
The plea also challenges the appointment of five new cabinet ministers who took oath alongside Saini, namely Mool Chand Sharma, J P Dalal, Kanwar Pal Gurjar, Banwari Lal, and Ranjit Singh Chautala. Bhatti contends that their appointments are also illegal in light of the challenges to Saini’s chief ministership.
The high court’s issuance of notices to the Centre, Haryana government, Election Commission, and the Haryana Assembly Speaker reflects the gravity of the legal questions raised by Bhatti’s plea. This development comes in the aftermath of Saini taking oath as the new chief minister following the unexpected resignation of Manohar Lal Khattar and his cabinet ministers.
The Bharatiya Janata Party (BJP) had announced Saini as the new chief minister of Haryana on March 12, following Khattar’s resignation. However, the legal challenge now casts a shadow over the legitimacy of this appointment and raises pertinent questions about adherence to constitutional norms and legal frameworks in governance.
As the case progresses, the scrutiny over CM Saini’s appointment is likely to intensify, with broader implications for governance and political accountability in the region. The court’s decision on April 30 will be awaited eagerly as it may provide clarity on the legal standing of the appointment and its implications for the functioning of the Haryana government.
Sources By Agencies