Ex-CMs can't live in govt bungalows for life: SC

The Supreme Court on Monday held that the former chief ministers of Uttar Pradesh cannot be allotted government bungalows for life, saying the state cannot fritter away public property in favour of private persons.

A three-judge bench, presided over by Justice Anil R Dave, noted that other constitutional post-holders like Governors, Chief Justices, Union ministers, Speakers and others held only one “official residence” during their tenure.

“Allotment of government property to someone without adequate market rent, in absence of any special statutory provision, would also be bad in law because the state has no right to fritter away government property in favour of private persons or bodies without adequate consideration and therefore, all such allotments, which have been made in absence of any statutory provision cannot be upheld,” the bench said.

It directed the state government to get such premises vacated within two months and recover appropriate rent from the occupiers.

The bench, also comprising Justices N V Ramana and R Banumathi, relied upon the Uttar Pradesh Ministers (Salaries, Allowances and Miscellaneous Provisions) Act 1981, and found the 1997 Rules framed thereunder as “bad in law”, which enabled the former chief ministers to continue with the accommodation for life.

“When the 1981 Act enables the Chief Minister to have residential accommodation only during his tenure and for 15 days after completion of his tenure, the 1997 Rules providing for an accommodation for life to the Chief Minister cannot be said to be legal and valid,” the bench said.

The court’s ruling on a petition filed by NGO Lok Prahari would affect as many as six former Chief Ministers of Uttar Pradesh, including Mulayam Singh Yadav, Mayawati, Ram Naresh Yadav, Narayan Dutt Tiwari and Kalyan Singh, as they were ordered to vacate their bungalows within two months.

The order is likely have its effect on the former chief ministers in other states as well. Senior Samajwadi Party leader Ram Gopal Yadav, however, said the state government would file a review petition against the judgement.

UP govt’s stand
The state, for its part, said the court had no jurisdiction to interfere in its executive decisions.

It denied any preferential treatment as former chief ministers were treated as a “class of persons” under the Rules. It said some of them enjoyed Z-plus security and required proper supporting infrastructure.

It further argued that if former Presidents, Vice Presidents and Prime Ministers were given the facility, why not the Chief Ministers in a federal structure.
DH News Service