http://www.jantakareporter.com/india/high-court-yogis-disqualification/123635/

High Court issues notice to Attorney General on petition seeking
Yogi’s disqualification

By JKR Staff - May 16, 2017

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

***The Lucknow bench of the high court has set the matter for next
hearing on May 24.*** [Emphasis added.]

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

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

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Peace Is Doable

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