Chandigarh : The Punjab and Haryana High Court is currently hearing a public interest litigation (PIL) challenging the appointment of Nayab Singh Saini as the new Chief Minister of Haryana. The court has issued notices to several parties, including the Centre, Haryana Government, Vidhan Sabha Speaker, and the Election Commission, asking for their responses.
The division bench, consisting of Acting Chief Justice G S Sandhawalia and Justice Lapita Banerji, has adjourned the matter until April 30. A detailed order regarding the case is yet to be released by the High Court.
The PIL, filed by Advocate Jagmohan Singh Bhatti, also questions the appointment of five new Cabinet ministers in Haryana. Bhatti argues that Nayab Singh Saini, the sitting MP of Kurukshetra, was appointed as the Chief Minister without resigning from his parliamentary seat, which he claims is against constitutional laws.
Bhatti alleges that the newly appointed government in Haryana is illegal and undermines democracy. He contends that this appointment violates both the Constitution and the Representation of the People Act, 1951.
During the proceedings, Advocate General Baldev Raj Mahajan, representing Haryana, argued that Article 164 of the Constitution permits a person to hold the position of Chief Minister without being elected as a member of the state Assembly.
In response to this argument, the bench has sought clarification from both the state and Union governments on whether Nayab Singh Saini, as the newly elected Chief Minister of Haryana, can govern without being a member of the state Assembly. Notices have been issued to the concerned authorities to provide their replies.