Considering a petition that seeks disqualification of UP’s CM Yogi Adityanath and his deputy CM Keshav Prasad Maurya from their respective seats, the Allahabad High Court released a notice to the Attorney General of India.
The matter is set for the next hearing on 24 May, by the Lucknow bench of the high courts.
The public interest litigation petition was filed by Sanjai Sharma on which a bench comprising justices Sudhir Agrawal and Virendra Kumar passed their order.
In the petition, Sanjai Pleaded that any person who is the member of the parliament cannot take up the post of minister in the State Government and if does so, it is the violation of the article 101(2) of the Constitution of India. This directly affects the appointment of Yogi Adityanath & Maurya as CM & Deputy CM respectively as the two are still on the post of MPs.
The petitioner further added that the two must declare their Lok Sabha seats vacant.
In his petition, Sharma has also challenged the constitutionality of section 3(A) of the Prevention of Disqualification Act.
No constitutionality of a central act can be tested without hearing the views of the Attorney General, hence the court issued him a notice.
Adityanath & Maurya were sworn in as CM & Deputy CM on March 19. Both the MPs are expected to resign from the parliamentary seats only after voting for the presidential election this July.
The two can only contest the state legislature after resigning as MPs.