Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Government bungalows - Overstay by former CMs of Respondent-State |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Allowed |
Headnote | Government bungalows - Overstay by former CMs of Respondent-State in the allotted govt. bungalows after demitting the office, in absence of any special statutory provision - Respondent-State in terms of the 1997 Rules allotted govt. bungalows to former CMs for residence for life - Petitioner challenged the 1997 Rules on the ground that it was in contravention of provisions of the 1981 Act which permitted Ministers (including the CM) to retain official premises only for 15 days after demitting the office - Held: The 1981 Act was enacted by Respondent-State in exercise of its power u/Art.164 rlw Entry 40, List II of Vllth Schedule of the Constitution - The Act deals with salaries and perquisites to be given to the Ministers and hence the said provisions are statutory - The 1997 Rules are not statutory rules and are only in the nature of executive instructions - The Act provides that all the ministers are entitled to official residence without payment of any rent and can occupy the said residence for 15 days after completion of tenure while the 1997 Rules permit the former Chief Ministers to occupy government bungalows for life - Hence, the 1997 Rules so far not in consonance with provisions of the 1981 Act are bad in law - The 1997 Rules are also violative of Art. 14 more. so when no other dignitary holding constitutional post is given such a facility - Concerned respondents shall hand over the possession of the bungalows occupied by them within tn:o months - Ex-Chief Ministers Residence Allotment Rules, 1997 - Uttar Pradesh Ministers (Salaries, Allowances and Miscellaneous Provisions) Act, 1981 - Constitution of India - Art.164. |
Judge | Hon'ble Mr. Justice Anil R. Dave |
Neutral Citation | 2016 INSC 566 |
Petitioner | Lok Prahari |
Respondent | State Of U.p. & Ors. |
SCR | [2016] 4 S.C.R. 1026 |
Judgement Date | 2016-08-01 |
Case Number | 657 |
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