Centre, State to reply to Allahabad HC PIL challenging Yogi Adityanath’s appointment as CM

The Centre and the Uttar Pradesh government yesterday said that they would file an affidavit in a PIL filed challenging the appointment of Yogi Adityanath as Chief Minister of the state..Appearing before the Lucknow Bench of the Allahabad High Court, Additional Solicitor General Ashok Mehta and the state’s Advocate General Raghavendra Singh said that they would file an affidavit in the matter within four weeks..The PIL filed by Sanjay Singh challenges the appointments of Adityanath and Deputy CM Keshav Prasad Maurya, who are both members of Parliament. The petitioner claims that this precludes their appointment as state ministers..The petitioner has also challenged the vires of the Section 3(a) of the Parliament (Prevention of Disqualification) Act, 1959. That provision states:.“3. Certain offices of profit not to disqualify: It is hereby declared that none of the following offices, in so far as it is an office of profit under the Government of India or the Government of any State, shall disqualify the holder thereof for being chosen as, or for being, a member of Parliament, namely:—.(a) any office held by a Minister, Minister of State or Deputy Minister for the Union or for any State, whether ex officio or by name;. [(aa) the office of a Leader of the Opposition in Parliament;].[(ab) the office of Deputy Chairman, Planning Commission;]. [(ac) the office of [each leader and deputy leader] of a recognised party and recognised group in either House of Parliament;]”.On the last date of hearing on May 15, the Bench of Justices Sudhir Agarwal and Virendra Kumar directed that notice be served upon Attorney General of India Mukul Rohatgi..And yesterday, the Court granted the central and state governments four weeks to file an affidavit in the matter. It also allowed the petitioner’s counsel, Chandra Bhushan Pandey, to file rejoinder affidavit within two weeks after that, and directed the matter to be listed for final disposal after the said time period..Read the order dated May 24:.Image taken from here.