Controversial minister Gayatri Prajapati once again got relief after the lucknow bench of Allahabad High Court as it dismissed a petition filed by activist Dr Nutan Thakur against the minister's re-appointment into the state cabinet.
The order was passed by a Bench comprising Chief Justice Dilip Babasaheb Bhosale and Justice Rajan Roy. The social activist's counsel Ashok Pande argued that Prajapati was dismissed consequent to rejection of state government's application for stalling a CBI probe into illegal mining in UP, and hence he shall not have been re-inducted.
The Court said that the Supreme Court in Manoj Narula case has made it clear that choice of ministers is as per wisdom of the Prime Minister and Chief Minister and is not questionable though they are expected to give proper advice to the President or Governor and not to choose persons with criminal antecedents, specially charges of heinous offence or corruption.
The court said that several allegations are levelled against Prajapati but this is purely within the domain of the Chief Minister. Since no constitutional disqualification has been demonstrated, the hands of the Court are tied by limitations on the exercise of judicial power.
At the same time, the Court made it clear that the dismissal of the petition shall not be treated as a certification of any of Prajapti’s deeds nor Nutan Thakur’s condemnation and it shall not have any adverse effect on any inquiry, investigation, proceeding etc pending against Prajapati