Aadarash Himachal Bureo
CHANDIGARH: After passage of a full month & a week thereafter since Ranjit Singh Chautala, Cabinet Minister of Energy and Jails Department in Nayab Saini led BJP Government in Haryana sent his resignation as MLA to Gian Chand Gupta, Speaker of current 14th Haryana Vidhan Sabha, it has been finally accepted on 30 April 2024 by the Speaker.
Meanwhile, Hemant Kumar, an Advocate at Punjab & Haryana High Court told that on 30 April 2024, vide a Notification published in Haryana Government Gazette, the acceptance of resignation of Ranjit Singh, MLA by the Hon’ble Speaker of Haryana Legislative Assembly however with (retrospective) effect from 24 March 2024 (Forenoon-F.N.) has been duly notified.
Pertinent to mention that it was on 24 March itself that Ranjit, who although being an Independent MLA however joined BJP, which is otherwise prohibited under Anti-Defection Law. Now acceptance of his resignation as MLA with effect from the same day has literally saved Ranjit from action of disqualification, if any. Ranjit is contesting election as BJP candidate from Hisar Parliamentary Constituency in Haryana. However, it is interesting and significant to mention that Ranjit has yet not resigned as a Minister and is continuing in the Nayab Saini’s Cabinet unabated.
On 12 March 2024, when Manohar Lal Khattar was replaced as Haryana Chief Minister with Nayab Singh Saini, on the same day, Ranjit was also appointed as Minister in the new dispensation by the Governor of Haryana on the advice of the Chief Minister.
Further on 22nd March 2024, Ranjit was allocated two Departments/Portfolios viz. Energy and Jails by the State Governor on the advice of the Chief Minister.
Be that as it may, Hemant has today written to Droupadi Murmu, the President of India as well as Bandaru Dattatraya, Governor of Haryana seeking clarification pertaining to a significant legal and Constitutional question that since Ranjit Singh who was an MLA of current 14th Haryana Legislative Assembly on 12 March 2024 i.e. the day on which he took Oath of Office and Secrecy as Minister and entered upon the duties of his office with effect from 12 March 2024 itself and further with retrospective effect from Forenoon (F.N.) of 24 March 2024, his resignation as MLA has been retrospectively accepted by the Hon’ble Speaker, hence since Afternoon (A.N.) of 24 March 2024, his status has been as of a Ex-MLA or in other words a Non-Legislator (MLA), so if he can continue as Minister in the incumbent Haryana Government in that capacity (read non-MLA) uninterruptedly (i.e. on the basis of Oath of Office & Secrecy he took on 12 March 2024 whilst being a MLA) from Afternoon of 24 March 2024 to 23 September 2024 i.e. for maximum six months as per what is enshrined in Article 164(4) of Constitution of India or else Ranjit Singh, Ex-MLA ought to be administered fresh Oath of Office and Secrecy as a Minister by the Hon’ble Governor of Haryana since from Afternoon (A.N.) of 24 March 2024, he is a non-MLA and the Oath of Office and Secrecy of Minister which has been administered to him on 12 March 2024 whilst he was a MLA cannot be stretched so as to also include his term of office as Minister being non-MLA too with effect from Afternoon (A.N.) of 24 March 2024.
Hemant categorically asserted that when Election (as MP or MLA,as the case may be) of any incumbent Minister at the Union or in any State Govt is set-aside or declared null or void by respective High Court or else Supreme Court of India, then such MP or MLA has also to resign from Union or State Council of Ministers, as the case may be, consequent upon his unbecoming of a MP or MLA. He can’t argue that even as non-MP or non-MLA, he can still continue as Minster at the Union or in the State, as the case may be, for a maximum of six months from the date of his unbecoming/unseating as a MP or MLA.
Of course, if the Prime Minister or Chief Minister of that State so desires, such person who has been unseated as MP or MLA, can be freshly appointed as a Minister at the Union of in such State, but for one time only, for a maximum of six months being non-MP or non-MLA respectively although for that such a person would have to be administered a Fresh Oath (or Affirmation) of Office and Secrecy by the Hon’ble President of India or else Governor of that State, quipped Hemant.
