By IANS
New Delhi : Bahujan Samaj Party (BSP) leader Mayawati's appointment as chief minister of Uttar Pradesh was Thursday challenged in the Supreme Court on the ground that she cannot hold the post while being a member of the Rajya Sabha.
In his writ petition, Lucknow-based advocate Ashok Pandey also challenged the appointment of Satish Chandra Mishra as minister in Mayawati's cabinet as he too retains his Rajya Sabha membership.
The petition challenged the continuation of all ministers of the Uttar Pradesh government as they were appointed by the governor on the advice of a "disqualified and unconstitutionally appointed" chief minister.
Pandey said: "The constitution permits a non-legislator to become the prime minister, chief minister or a minister in case he or she undertakes to contest the election and become a legislator within a period of six months."
"But since both Ms. Mayawati and Mr. Mishra are already MPs of the Rajya Sabha, they were not entitled to claim their appointment under the non-legislator class unless they resign their membership of parliament and become a non-legislator," Pandey added.
The petitioner said the apex court must determine the constitutionality of MPs becoming chief ministers without resigning their office as members of parliament.
He said that such appointments would also offend the office of profit law since a person cannot get pay and allowances both as a member of parliament and as a minister.