RANJAN GOGOI - (1.) This writ petition under Article 32 of the Constitution of India raises a challenge to the validity of Section 4(3) of the Uttar Pradesh Ministers (Salaries, Allowances and Miscellaneous Provisions) Act, 1981 (hereinafter referred to as "the 1981 Act"), as amended in 2016.
(2.) The case has a somewhat chequered history. Suffice it will be to recapitulate that as former Chief Ministers of the State of Uttar Pradesh continued to occupy their official accommodation even after demitting office, in clear breach of Section 4 of the 1981 Act as it had then existed, a writ petition was filed before the High Court of Allahabad by the present petitioner. During the pendency of the said writ petition, a set of Rules namely "U.P. Ex-Chief Ministers Residence Allotment Rules, 1997" (hereinafter referred to as "the 1997 Rules") were framed to provide for allotment of government accommodation to former Chief Ministers. The writ petition was accordingly amended to challenge the validity of the provisions of the 1997 Rules. However, the same was closed by the High Court on a statement made on behalf of the State of Uttar Pradesh that former Chief Ministers would be henceforth allotted only Type V bungalows and that too on payment of rent etc.
(3.) In the aforesaid situation, the present petitioner had filed Writ Petition (C) No.657 of 2004 (Lok Prahari v. State of Uttar Pradesh and others) before this Court challenging the validity of the aforesaid 1997 Rules. By judgment and order dated 1st August 2016, (2016) 8 SCC 389, the aforesaid writ petition was answered by this Court by striking down the 1997 Rules, inter alia, on the ground that the provision for accommodation for ex-Chief Ministers as made under the aforesaid 1997 Rules was in direct conflict with the provisions of Section 4 of the 1981 Act. Paragraphs 33, 37 and 38 of the said report in Lok Prahari (supra) would be relevant to notice: "33. We may now turn to the issue whether the impugned 1997 Rules are ultra vires Article 14 of the Constitution of India and also repugnant to the provisions of the 1981 Act. The relevant extract of the 1997 Rules is as under: "4. Allotment of residence.-A residence on falling vacant will be allotted by the Estate Officer to such ex- Chief Minister who has given an application under these Rules. There will be no right for allotment of a house outside Lucknow under these Rules. 6. Period for which allotment subsists.-The allotment of residence to ex-Chief Ministers shall be effective only during their lifetime. The allotment shall be deemed to be automatically cancelled upon the death of ex-Chief Minister and family members residing therein will have to invariably hand over the possession of the residence concerned to the Estate Department within 3 months from the date of death. If the family members residing in the residence do not hand over the possession, recovery rent, damages, etc. shall be taken under the provisions of the U.P. Public Premises (Eviction of Unauthorised Occupants) Act, 1972." 37. If we look at the position of other constitutional post holders like Governors, Chief Justices, Union Ministers, and Speaker, etc. all of these persons hold only one "official residence" during their tenure. The respondents have contended that in a federal set-up, like the Union, the State has also power to provide residential bungalow to the former Chief Minister. The above submission of the respondent State cannot be accepted for the reason that the 1981 Act does not make any such provision and the 1997 Rules, which are only in the nature of executive instructions and contrary to the provisions of the 1981 Act, cannot be acted upon. 38. Moreover, the position of the Chief Minister and the Cabinet Ministers of the State cannot stand on a separate footing after they demit their office. Moreover, no other dignitary, holding constitutional post is given such a facility. For the aforestated reasons, the 1997 Rules are not fair, and more so, when the subject of "salary and allowances" of the Ministers, is governed by Section 4(2)(a) of the 1981 Act." ;