The Allahabad High Court today issued a notice to Attorney General of India on a petition seeking disqualification of Chief Minister Yogi Adityanath and his deputy, Keshav Prasad Maurya, from their respective posts.
The Lucknow bench of the high court has set the matter for next hearing on May 24. A division bench passed the order on the Public Interest Litigation petition filed by Sanjai Sharma.
The petitioner pleaded that a parliamentarian cannot not become the minister of a state government and this is in violation of article 101(2) of the Constitution of India and as such the appointment of Adityanath as the CM and Maurya as the Deputy CM should be set aside, for both are still continuing as Member of Parliament. The petitioner also sought that their Lok Sabha seats be declared vacant. Sharma challenged the constitutionality of section 3(A) of the Prevention of Disqualification Act.
As per norms, they have to be elected to the legislature in their states within six months since they were sworn in. They can contest elections to the state legislature only after quitting as MP.