Even if BJP ticket were allotted to Ranjeet Chautala, he would had to resign as Minister in Haryana Govt on or before 23 Sep 2024 -- Advocate Hemant Kumar
His maximum 6 months tenure as Minister under non-MLA category commenced from 24 March 2024
CHANDIGARH, Sept 05, 2024 -- After being denied BJP ticket from Rania Assembly Constituency (A.C.) in Sirsa district , Ranjeet Chautala, erstwhile Independent MLA from the ibid seat who joined BJP on 24 March this year after resigning as legislator although he thereafter very much continued as Energy & Jail Minister in incumbent Nayab Saini Cabinet, has on Thursday Sep 5 announced his resignation as Minister.
Meanwhile, Hemant Kumar, an Advocate at Punjab & Haryana High Court told that even if Ranjeet Chautala's name would have been figured as party's nominee from Rania A.C. in the first list of 67 BJP candidates for Haryana General Assembly Election., even then he would had to resign as Minister on or before 23 September, 2024.
Quoting Article 164(4) of Constitution of India, Hemant told that it stipulates that a Minister who for any period of 6 consecutive months is not a member of the legislature of the State shall at the expiration of that period cease to be a Minister. Thus, even if Ranjeet had not formally resigned as Minister on or before 23 Sep 2024, then with effect from 24 Sep 2024, he would had automatically ceased to be a Cabinet Minister in Nayab Saini led Haryana Government as he was not got elected as MLA in current 14th Haryana Vidhan Sabha after his resignation was accepted by Speaker Gian Chand Gupta on 30 April 2024 although with retrospective effect from forenoon of 24 March 2024, quipped Hemant.