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HC notice to AG on petition seeking disqualification of Adiyanath as CM

Press Trust of India  |  Lucknow 

The High today issued a notice to Attorney General of on a seeking disqualification of Chief Minister and his deputy, Keshav Prasad Maurya, from their respective posts.

The bench of the high has set the matter for next hearing on May 24.

A division bench comprising justices Sudhir Agrawal and Virendra Kumar passed the order on the filed by Sanjai Sharma.

The petitioner pleaded that a parliamentarian cannot not become the minister of a state and this is in violation of article 101(2) of the Constitution of 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 MPs.

The petitioner also sought that their seats be declared vacant.

Sharma challenged the constitutionality of section 3(A) of the Prevention of Disqualification Act.

Since the constitutionality of a central act cannot be tested without hearing the Attorney General, the issued him notice.

Adityanath and Maurya were sworn-in on March 19. Both of them are likely to resign from their parliamentary seats only after casting their vote in the presidential election this July.

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 MPs.

(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)

First Published: Tue, May 16 2017. 00:02 IST