The Fact News Service
Chandigarh, April 1
Hemant Kumar, Advocate in Punjab and Haryana High Court has questioned the continuation of Ranjit Chautala as state minister after his resignation from the post of MLA was accepted by Speaker Gyan Chand Gupta on March, 2024.
On March 12, Ranjit Chautala was made a cabinet minister in the new BJP government formed under the leadership of Naib Singh Saini, and on March 22, he was allotted the Energy (Electricity) Department and Jail Department.
Punjab and Haryana High Court advocate and legal analyst Hemant Kumar said that it took one month and one week for the Assembly Speaker to accept Ranjit Chautala’s resignation from the Assembly membership.
“It has taken a long time, which is unprecedented in the history of the state, however, since the Speaker has accepted his resignation from the post of MLA with effect from the previous date of March 24, the day on which he, despite being an independent MLA, had joined BJP, which, although the party – Anti-change is prohibited in the law, hence Ranjit has been saved from disqualification from the House as a result of his resignation being accepted from the same day,” said Hemant Kumar.
“As per the Constitution, even if a person is not an MLA, a person can be appointed Chief Minister or Minister of the state for a maximum of 6 months and to continue on that post, he must be elected as a member of the Legislative Assembly i.e. MLA within 6 months of the appointment. ,” he added.
Giving another example, Hemant said that if tomorrow the High Court or the Supreme Court cancels the election of a sitting minister of a state as MLA, then in that situation this person cannot continue to hold the post of minister saying that it is against the Constitution of India. According to this, as a non-MLA, he can remain a minister for a maximum of 6 months. Then, due to the cancellation of his election as MLA, he will have to immediately resign from the post of minister. However, if the Chief Minister of the state wishes, then that person can be made a minister once again as a non-MLA or non-MP for a maximum of 6 months after taking oath by the Governor
