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Published On: Mon, May 7th, 2018

Ex-CMs not entitled to govt-bungalows: SC

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Ranjan-GogoiNEW DELHI : Supreme Court today struck down the amendment in Uttar Pradesh legislation allowing ex-Chief Ministers of the state to continue occupying government accommodation even after demitting office.
Quashing an amendment made in a Uttar Pradesh state law to permit former Chief Ministers to occupy government bungalows, the Supreme Court in a significant ruling held that such a legislation is “arbitrary, discriminatory and unsupported by the Constitution ”.
The Top Court thereby struck down Section 4(3) of UP Ministers (Salaries, Allowances and Miscellaneous Provisions) Act.

The judgment meant that such laws passed by all states remain scrapped and no former Chief Ministers in India is entitled to government accommodation. “Such laws create a separate class. Once a public servant demits office there should be nothing to distinguish them from a common man”, ruled SC.

A bench headed by Justice Ranjan Gogoi said the amendment in the legislation was ultra vires to the Constitution since it transgresses the concept of equality under the Constitution. The bench said the amendment was “arbitrary, discriminatory” and violates the concept of equality. The apex court said that once such persons demit public office, there is nothing to distinguish them from the common man. The court, on 19th April, had reserved its verdict on an NGO’s plea challenging amendments to the UP legislation.

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