Bombay HC notice to newly-appointed Cabinet ministers

6 min read
  1. The Bombay High Court has issued notices to the ministers who were appointed in the Maharashtra cabinet on a plea challenging their appointment.
  2. The petitioner has said that they were appointed ministers despite the fact that they are disqualified on the ground of defection as per Schedule X and Article 191(2) of the Indian Constitution.
  3. The petitioners also said that these ministers being non-legislators are disqualified under the Constitution from holding a position of Member of Legislative Assembly or Member of Legislative Council.
  4. The petition highlights that section 151 A of the Representation of the People Act prohibits conduct of bye-elections if the remaining tenure is less than one year.
  5. As the tenure of the 13th Maharashtra Assembly shall expire on in less than a period of five months,there can be no bye-election and subsequent opportunity for the three ministers to be elected.
  6. Hence,the petition has asked for an interim injunction restraining them from acting as ministers including their participation in the meetings of the council of ministers and wants the court to issue a direction to Speaker to decide on the matter.

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