Former Uttar Pradesh CMs can’t stay in govt accommodation: Supreme Court

The Supreme Court today struck down the amendment to a Uttar Pradesh legislation which allows former chief ministers of the state to retain government accommodation even after demitting office.

While striking down the order the top court said, “Section 4(3) of UP Ministers (salaries, allowances & miscellaneous provisions) Act, 2016 is unconstitutional.”

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 Supreme Court said that once such persons demit public office, there is nothing to distinguish them from the common man.

In 2016, the Akhilesh Yadav government had effected crucial changes to a legislation allowing former chief ministers to occupy government bungalows indefinitely, in an apparent move aimed at skirting an earlier Supreme Court ruling barring such largesse.

On August 1 that year, the Supreme Court had asked six former chief ministers, including Union home minister Rajnath Singh and Samajwadi Party chief and Akhilesh’s father Mulayam Singh, to vacate their bungalows within two months.

Others facing eviction were Kalyan Singh, Mayawati and Ram Naresh Yadav.

The top court’s judgment, on a petition filed by a Lucknow-based non-profit organisation, had held that rules allowing former CMs to stay in government bungalows were mere executive instructions without any statutory law.

Amendment to the Act -- which mandated all former CMs to vacate their premises within 15 days of demitting office -- would provide legal sanctity to the rules and allow continuation or fresh allotment of government bungalows to former chief ministers.

(With PTI inputs)