The Supreme Court on Monday struck a double whammy on all the former Chief Ministers of Uttar Pradesh by directing them to vacate their official bungalows in the State within two months and pay rent for the period of their “illegal” stay.
A 1997 executive order issued by the State Government titled “Ex-Chief Ministers Residence Allotment Rules” had permitted all former Chief Ministers to occupy Type VI bungalows for life. A PIl filed by NGO lok Prahari challenged this privilege on the ground that there already existed a law, The Uttar Pradesh Ministers (Salaries, Allowances and Miscellaneous Provisions) Act, 1981 which governs allotment of bungalows. Under this Act, a Minister or a Chief Minister is allowed to retain the bungalow only for 15 days after demitting office.
A Bench of Justices Anil R Dave, NV Ramana and R Banumathi unanimously struck down the 1997 Rules as violative of the 1981 Act and directed all bungalows occupied by ex-Chief Ministers to be vacated within two months. The order will be enforced on Union Home Minister Rajnath Singh, BSP chief Mayawati, SP supremo Mulayam Singh, veteran ND Tiwari, and Rajasthan Governor Kalyan Singh.
The PIl petitioner cited that ex-CMs held two bungalows at one time even when there was acute shortage of Government accommodation.
Agreeing with the petitioner, the Bench held, “If Ministers and other Constitutional functionaries like Judges and the Chief Justice of the High Court, Governor of the State, Speaker of the Assembly, etc., are not provided such accommodation after completion of their tenure, there is no justification for providing any Government bungalow either free of charge or at a nominal rent to the former Chief Ministers. The action of State in framing the 1997 Rules is thus illegal and is a colourable exercise of power and hence violative of Article 14 of the Constitution of India.”
The State defended its policy on the ground of providing secure location to ex-CMs who enjoy “Z” category security. The Bench held that providing security is the job of the Centre. The Bench directed the State Government to ensure “appropriate rent” is recovered from the occupants for the period of unauthorised occupation.