Petition in HC for removal of convicted UP minister

Image
Press Trust of India Lucknow
Last Updated : Mar 09 2015 | 5:32 PM IST
Social activist Nutan Thakur today filed a petition in the Allahabad High Court seeking removal of Uttar Pradesh Minister Kailash Chaurasia, who was recently convicted in a 20-year-old case, even as BJP demanded his immediate sacking.
The petition filed before the Lucknow bench of the High Court through her counsel Ashok Pande said that after the Supreme Court had declared section 8(4) of the Representation of Peoples Act 1951 as ultra vires, MLAs and MPs convicted for a period of more than two years get immediately disqualified under section 8(3) of the Act.
Similarly, the Supreme Court had made it clear in B R Kapoor vs State of Tamil Nadu that a person who is not eligible to become a legislator under the RP Act cannot remain a minister, she said in the petition.
"With these legal provisions, Chaurasia is not qualified to be a minister the moment he was awarded three years' imprisonment by a Mirzapur court but Chief Minister Akhilesh Yadav is himself defending him and this has forced me to file this petition," she said.
The demand for Chaurasia's removal grew louder with Opposition BJP seeking immediate dismissal of the Minister of State.
State BJP spokesman Manoj Mishra alleged that despite the court verdict, the Chief Minister was not sacking Chaurasia and this amounts to insult of the judiciary.
Chief Judicial Magistrate of Mirzapur Rajesh Bharadwaj had sentenced the minister in connection with a case registered against him by a postman who had alleged that he had misbehaved with him.
Chaurasia was sentenced to three years' jail, but was subsequently released by the court on bail and personal bond.
*Subscribe to Business Standard digital and get complimentary access to The New York Times

Smart Quarterly

₹900

3 Months

₹300/Month

SAVE 25%

Smart Essential

₹2,700

1 Year

₹225/Month

SAVE 46%
*Complimentary New York Times access for the 2nd year will be given after 12 months

Super Saver

₹3,900

2 Years

₹162/Month

Subscribe

Renews automatically, cancel anytime

Here’s what’s included in our digital subscription plans

Exclusive premium stories online

  • Over 30 premium stories daily, handpicked by our editors

Complimentary Access to The New York Times

  • News, Games, Cooking, Audio, Wirecutter & The Athletic

Business Standard Epaper

  • Digital replica of our daily newspaper — with options to read, save, and share

Curated Newsletters

  • Insights on markets, finance, politics, tech, and more delivered to your inbox

Market Analysis & Investment Insights

  • In-depth market analysis & insights with access to The Smart Investor

Archives

  • Repository of articles and publications dating back to 1997

Ad-free Reading

  • Uninterrupted reading experience with no advertisements

Seamless Access Across All Devices

  • Access Business Standard across devices — mobile, tablet, or PC, via web or app

More From This Section

First Published: Mar 09 2015 | 5:32 PM IST

Next Story