Photo Source: Babushahi Bureau
MP Meet Hayer yet to resign as Minister in Bhagwant Mann's Cabinet-( Posted on June 26 at 7.38 pm)
Babushahi Bureau
Chandigarh, June 26, 2024: It has been over a week since Gurmeet Singh Meet Hayer of Aam Aadmi Party (AAP), who got elected from Sangrur Parliamentary Constituency (PC) in 18th Lok Sabha General Election & who also took oath as MP the other day, although submitted his resignation from membership of the current 16th Punjab State Legislative Assembly on 18 June 2024 which was accepted by Assembly Speaker Kultar Singh Sandhwan on the same day but it is interesting to note that Gurmeet Hayer, who is also incumbent Cabinet Minister in Bhagwant Mann's Cabinet since Mar, 2022, is yet to tender his resignation as Minister for the reasons best known to him. This was revealed by Hemant Kumar, Advocate in Punjab and Haryana High Court.
"Earlier on 14 June 2024, three erstwhile MLAs of the current 16th Punjab Vidhan Sabha viz. Amrinder Singh Raja Warring (Gidderbaha), Sukhjinder Singh Randhawa (Dera Baba Nanak) & Dr. Raj Kumar (Chabbewal), who all also have been elected members (MPs) of newly constituted 18th Lok Sabha from Parliamentary Constituencies (PCs) of Ludhiana, Gurdaspur, Hoshiarpur in the State of Punjab respectively resigned from their membership of State Assembly & their resignations were accepted by Speaker Sandhwan on the very same day," he added.
Pertinent that five Ministers from Bhagwant Mann's Ministry contested as AAP party candidates in recently concluded Lok Sabha elections from Punjab viz. Kuldeep Singh Dhaliwal from Amritsar, Laljit Singh Bhullar from Khadoor Sahib, Gurmeet Singh Khudian from Bathinda, Gurmeet Singh Meet Hayer from Sangrur and Dr. Balbir Singh from Patiala. Of these except Gurmeet Hayer, rest four lost the Parliamentary election. Noteworthy however, all of these five continued as Ministers in Bhagwant Mann's Cabinet whilst contesting Lok Sabha polls.
Meanwhile, Hemant Kumar, an Advocate at Punjab and Haryana High Court, told an interesting but significant legal (constitutional) point that newly elected Sangrur Lok Sabha MP, Gurmeet Singh Meet Hayer, even after resigning as MLA from Barnala AC can still be remain as Minister in Bhagwant Mann's Cabinet for a maximum period of 6 months i.e. till 17 Dec 2024 as a non-MLA although whilst remaining as Lok Sabha MP.
When asked if it was incumbent on the part of Gurmeet Hayer to resign as Minister too while or after resigning as MLA, Hemant said it was although expected but however not mandatory.
The Advocate cited the case of Ranjeet Chautala in his home State of Haryana, who although resigned as MLA from membership of current 14th Haryana Vidhan Sabha on 24 March this year after he formally joined BJP whilst being an Independent MLA but he hasn't till date resigned as Minister in incumbent Nayab Saini led BJP Government in Haryana. Ranjeet also contested Lok Sabha election on BJP ticket from Hisar PC in Haryana but he lost to Congress nominee Jai Prakash. However he still continues as Cabinet Minister in Haryana Government holding twin portfolios of Energy and Jails. Even he was not administered fresh Oath of Office & Secrecy by the Governor after 24 March 2024 i.e. after he resigned as MLA, which otherwise is required since after ibid date, he is non-MLA and his previous Oath of Office & Secrecy which was administered to him on 12 March 2024 whilst he was a MLA cannot be stretched to include so as to continue as Minister even being non-MLA. Being a non-MLA, Ranjeet Chautala can remain as Minister till 23 September 2024. i.e. upto maximum six months after his resignation as MLA on 24 March 2024.
Meanwhile, Hemant further said a sitting Member of Parliament (MP) can be appointed or remain as Minister in a State and there is no sort of constitutional or legal embargo (prohibition) in such appointment.
On 12 March this year, Nayab Singh Saini, then sitting BJP MP from Kurukshetra Parliamentary Constituency (PC) in now dissolved 17th Lok Sabha got appointed as Chief Minister of Haryana replacing the erstwhile incumbent Manohar Lal Khattar. He didn't resign as MP after being appointed as CM, Haryana and he continued as such till dissolution of 17th Lok Sabha on 5 June 2024. Of course on 4 June, Nayab Saini got elected as MLA from Karnal Assembly Constituency (AC) in a Bye-election.
Hemant categorically asserted that there is no legal prohibition for a sitting MP being appointed as Minister or even Chief Minister in a State since as per Constitution of India, the Office of Profit concept is only applicable in case of being chosen as and for being a member of either House of Parliament and/or of State Legislature. It not all applies in case of the appointment of a sitting MP as the Chief Minister or Minister in a State.
Furthermore, even the post of Chief Minister or Minister is not an Office of Profit as it has been excluded under Parliament (Prevention of Disqualification) Act, 1959. Pertinent that as per Article 102 of Constitution of India, a person shall be disqualified for being chosen as, and for being, a member of either House of Parliament if he holds any office of profit under the Government of India or the Government of any State, other than an office declared by Parliament by law not to disqualify its holder. Hence, even after being appointed as Chief Minister or Minister in a State, there is no question of disqualification of a sitting MP. Hemant said that a non-legislator can however continue as CM or Minister in a State till maximum six months only as per Article 164(4) of Constitution of India.