Niyam v2 is live — start for just ₹100 — 200 credits to try

june 2007

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).

ASHOK PANDEY vs MAYAWATI . · Niyam