ASHOK PANDEY versus KM. MAYAWATI AND ORS.

ASHOK PANDEY versus KM. MAYAWATI AND ORS.

The Constitution does not prohibit the appointment of persons who are not members of the State Legislature as Chief Minister or Minister. The provisions of Article 164(1) allow appointment of a non-legislator, subject to restriction under Article 164(4) that mandates election to the Legislature within six months. These appointments are not illegal and Article 164(4) is not an enabling provision, but a restriction for continuation in office.

Parties
Petitioner: Ashok Pandey; Respondent: Km. Mayawati; Respondent: Andors.; Respondent: Shail Kumar Dwivedi
Jurisdiction
India
Judgment Date
13 June 2007
Procedural Posture
Writ Petition (civil) No. 296 of 2007 / Civil Original Jurisdiction, Final Judgment
Outcome
Petition dismissed
Legal Topics
Appointment of Chief Minister/minister, Membership Qualifications for State Legislature, Writ of Quo Warranto
Constitutional Law Appointment of Chief Minister/minister Membership Qualifications for State Legislature Writ of Quo Warranto

Case Brief

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Parties

Ashok Pandey

Petitioner

Km. Mayawati

Respondent

Andors.

Respondent

Shail Kumar Dwivedi

Respondent

Procedural Posture

Writ Petition (civil) No. 296 of 2007 / Civil Original Jurisdiction, Final Judgment

Legal Issues

  1. 1 Whether persons who are not members of the State Legislature can be appointed as Chief Minister or Minister.
  2. 2 Whether Article 164(4) applies to persons who are already legislators of Rajya Sabha.
  3. 3 Whether appointments of such persons are illegal under the Constitution.

Ratio Decidendi

The Constitution does not prohibit the appointment of persons who are not members of the State Legislature as Chief Minister or Minister. The provisions of Article 164(1) allow appointment of a non-legislator, subject to restriction under Article 164(4) that mandates election to the Legislature within six months. These appointments are not illegal and Article 164(4) is not an enabling provision, but a restriction for continuation in office.

Court Disposition

Petition dismissed

Orders

  • Petition is sans merit and deserves to be dismissed.