In the current Nayab Singh Saini-led BJP government of Haryana, Ranjit Singh Chautala, the Cabinet Minister of Energy (Electricity) and Jail departments, completed four months as a minister without being an MLA on July 23.
On March 12 this year, when the then Chief Minister of the state Manohar Lal Khattar was replaced by the then BJP MP from Kurukshetra Lok Sabha seat Nayab Saini as the Chief Minister of Haryana, Ranjit Singh was among the five cabinet ministers who took the oath with him. At that time, Ranjit Singh was an independent MLA from the Rania assembly seat of Sirsa district. He had also been the minister of the said departments in the previous Manohar Lal government of the state.
Ranjit Singh joined the BJP on the evening of March 24, shortly after which he was declared the party candidate from the Hisar Lok Sabha seat. Due to this, Ranjit resigned from the post of MLA on the same day since no person can join any political party while being an independent MLA without facing disqualification under the anti-defection law. However, along with his resignation from the post of MLA, Ranjit did not resign from his position as a cabinet minister in the state government.
After more than a month had passed since his resignation from the post of MLA from the Rania assembly seat, on April 30, 2024, Haryana Assembly Speaker Gian Chand Gupta accepted Ranjit’s resignation from the post of MLA, backdating it to March 24. On June 4, Ranjit, contesting from the Hisar Lok Sabha seat on a BJP ticket, was defeated by Jai Prakash of the Congress by 63,381 votes.
Meanwhile, Nayab Saini was elected as an MLA two and a half months after becoming the Chief Minister by winning a by-election held on May 25 in the Karnal assembly seat, which became vacant due to the resignation of former Chief Minister Manohar Lal Khattar. In the current government, Ranjit has remained a non-MLA since March 24 and has continued as a cabinet minister without taking a fresh oath.
On May 2, Hemant Kumar, an expert and advocate in the Punjab and Haryana High Court, wrote to the President of India, Draupadi Murmu, raising an important legal and constitutional question. He questioned why Ranjit Singh, who was a member (MLA) of the present 14th Haryana Legislative Assembly on March 12, the day he took the oath of office and secrecy as a minister in the Nayab Saini government, was still holding the post of minister after resigning as an MLA on March 24. According to Article 164(4) of the Indian Constitution, a minister who is not an MLA can hold office for a maximum period of six months, but for this, he should be administered a fresh oath of office and secrecy as a minister by the Governor of Haryana.
The Under Secretary of the President’s Secretariat wrote to the Chief Secretary of Haryana on this subject on May 9, asking him to address the matter and inform the petitioner. However, even after more than two and a half months, no reply has been received from the Haryana government.
Hemant Kumar pointed out that whenever the election of a minister appointed in the Central Government or State Government (as an MP or MLA) is canceled or declared invalid by the concerned High Court or the Supreme Court of India, the minister must immediately resign. Such a person cannot argue that they can continue as a minister for a maximum of six months from the date of disqualification.
He further noted that if the Prime Minister or the Chief Minister wants, such a person, whose election as MP or MLA has been canceled, can be reappointed as a minister for one term of up to six months. However, this requires that the person is administered a new oath of office and secrecy by the President of India or the Governor of the state.
