A view of the Supreme Court in New Delhi
In 2016, the UP government had passed a legislation allowing all former CMs to stay in government bungalows indefinitely.
In written submissions filed in the apex court, the UP government had said "former chief minister" was a "class in itself".
The Supreme Court rejected an Uttar Pradesh law which allowed former Chief Ministers use of the State official bungalows and comforts on taxpayers' expense as "unconstitutional". A three-judge bench, headed by Justice Ranjan Gogoi, called the provision arbitrary and discriminatory. The SC noted that once the CM demits the public office, nothing remains to distinguish them from the hoi polloi. "Public office becomes history after a person demits the office and it cannot be the basis for giving government residential accommodation for rest of his life", said the SC.
Former UP CMs Mayawati, Mulayam Singh Yadav, Rajnath Singh will have to vacate their offices after the top court's rule.
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Back in 20-16, the very best court had arranged the former main ministers to hand over the bungalows and'd asked the local government to bill them rent for the period during which these were "unauthorised" to dwell in them.
In 2016, the erstwhile Samajwadi party government had made an amendment in "UP Ministers (Salaries, Allowances and Miscellaneous Provisions) Act, 1981" that entitled former chief ministers to live in government bungalows for life.
Earlier, senior advocate Gopal Subramaniam, who was assisting the court as amicus curiae in the matter, in his suggestions given to the top court had said that after persons holding top constitutional posts demit office, they were like ordinary private citizens and were not entitled to official accommodation.
On April 19, the apex court had reserved its verdict on the NGO's plea.
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