Lok Prahari vs State of U.P. - Supreme Court

 Lok Prahari vs State of U.P.  - Supreme Court Important Judgment 2016 - 

 

On 1st August, 2016, in the case of Lok Prahari vs State of U.P. & Ors. [Writ Petition (Civil) No. 657 of 2004], a three Judge Bench held that the Ex-Chief Ministers Residence Allotment Rules, 1997 framed by respondent no.1-State which permitted the former Chief Ministers to occupy government bungalows for life cannot be said to be valid as they were only in the nature of executive instructions and were in contravention of the Uttar Pradesh Ministers (Salaries, Allowances and Miscellaneous Provisions) Act, 1981 which enabled the Chief Minister to have residential accommodation only during his tenure and for 15 days after completion of his tenure.


 It was held that “the 1981 Act deals with the salaries and perquisites to be given to all the Ministers, including the Chief Ministers. The said provisions are statutory, but the 1997 Rules are not statutory and they are only in the nature of executive instructions.” “The said Rules are definitely in contravention of the statutory provisions and therefore, the said Rules can be said to be bad in law so far as they are in contravention of the statutory provisions. “When the rules and regulations or executive instructions are contrary to any statutory provision, the statutory provision would prevail and the rules or executive instructions, so far as they are contrary to the statutory provisions, would fail.” In the circumstances, it was held that “respondent no.1 cannot permit any former Chief Minister to occupy any government bungalow or any government accommodation after 15 days from the date on which his term comes to an end.”

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