Re-appointment of Minister: SC reserves order

NEW DELHI, JULY 18. The Supreme Court today reserved its order on a petition on whether a person could be re-appointed as Minister without being elected as legislator after expiry of six months of his initial appointment.

A three judge-bench, comprising the Chief Justice, Mr. A.S. Anand, Mr. Justice R.C. Lahoti and Mr. Justice K.C. Balakrishan, reserved its judgment on an appeal against the Punjab and Haryana High Court order upholding re-appointment of the former Punjab Minister, Mr. Tej Prakash Singh, in 1996 after he failed to get himself elected as MLA within six months.

Mr. Singh, son of former Punjab Chief Minister, Mr. Beant Singh, was first appointed as Minister on September 9, 1995 but when he failed to get himself elected within six months, he was reappointed as Minister on March 9, 1996 and again on November 23 the same year. His appointment was challenged in the High Court by Mr. R.S. Chaudhary on the ground that there was no provision for a Minister to continue in office if he was not elected as legislator within six months. His counsel, Mr. R.K. Kapoor, argued before the apex court that the High Court had ``erred'' in interpreting the legal provision on this question of vital importance. If Ministers continued to hold their office in this manner, ``the Constitution will become a farce,'' he said.

The High Court had ruled that there was no provision in the law which barred re-appointment of a Minister even if he failed to become a legislator within six months.

- PTI

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