Supreme Court of India · 2007-06-13
ASHOK PANDEY vs MAYAWATI .
- Citation / case number
- SC 2007/16220
- Court
- Supreme Court of India
- Petitioner
- ASHOK PANDEY
- Respondent
- MAYAWATI .
- Author
- ARIJIT PASAYAT
- Bench
- P.P. NAOLEKAR DR. ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court ruled that the appointment of a Chief Minister and Minister who are members of the Rajya Sabha does not violate Article 164(1) and (4) of the Constitution, which requires that a Minister must be a member of the State Legislature within six months of appointment. The Court clarified that the plain language of Article 164(4) does not restrict the appointment of individuals who are not members of the State Legislature at the time of their appointment. The Court upheld the legality of such appointments, referencing Har Sharan Verma v. Shri Tribhuvan Narain Singh (1971 (1) SCC 616).