Ex-CMs Cannot Stay in Government Accommodations for Lifetime: SC

The Supreme Court on Monday held that former Chief Ministers are not entitled for government accommodation for lifetime.

“The impugned 1997 rules give largesse only to former chief ministers without any element of reasonableness… the state has no right to fritter away government property in favour of private persons or bodies without adequate consideration”, said the bench, also comprising Justices N V Ramana and R Banumathi.

The NGO had also contended that the rules framed were unconstitutional and illegal and those occupying the government accommodations were allegedly unauthorised occupants under the purview of the UP Public Premises (Eviction of Unauthorised Occupants) Act.

The other ex-chief ministers, who have been issued orders in this regard, are Narendra Tiwari, Ram Naresh Yadav, Kalyan Singh and Rajnath Singh.

An NGO based in UP had alleged that retention of govt accomodation by CMs after demitting office was against the Provisions of UP Ministers Act.

The State defended its policy on the ground of providing secure location to ex-CMs who enjoy “Z” category security.

The court rejected being devoid of merit, the contention that numerous former Chief Minister were under the Z-security cover and needed to be provided accommodation with requisite infrastructure. “It would, therefore, not be proper, in any case, to allot permanent residence at two places to one individual”, the judgment said.

Agreeing with the petitioner, the Bench held, “If Ministers and other Constitutional functionaries like Judges and the Chief Justice of the High Court, Governor of the State, Speaker of the Assembly, etc., are not provided such accommodation after completion of their tenure, there is no justification for providing any Government bungalow either free of charge or at a nominal rent to the former Chief Ministers”.

“They (1997 Rules) would not stand the test of legality if they are not in consonance with statutory provisions”. The PWD had said that if they failed to do so in 15 days, then they would have to pay the rent as per the market rate. So far as allotment of bungalow to private trusts or societies are concerned, it is not in dispute that all those bungalows were allotted to the societies/trusts/organizations at the time when there was no provision with regard to allotment of government bungalows to them and therefore, in our opinion, the said allotment can not be held to be justified.