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The SC said ex-CMs can’t be granted such a facility as they aren’t holding office. Although the SC verdict is confined to the UP law it will have implication on residential accommodations given to former Presidents, Prime Ministers and CMs of other states too, as the top court said that a person can’t be given such facility on the basis of post held by them earlier.
“Public office becomes history after a person demits the office and it can not be the basis for giving government residential accommodation for rest of his life,” said the SC.
The 2016 legislation in Uttar Pradesh was challenged by an NGO called Lok Prahari. In late August of 2016, three weeks after the
Supreme Court ordered all former chief ministers to vacate their government-allotted bungalows in Lucknow, the UP government brought in a
bill in the house to legalise their possession.
At the time, those affected by the SC order were
Union home minister and
Rajnath Singh, Rajasthan governor
Samajwadi Party chief
Mulayam Singh Yadav, BSP supremo
Congress leaders N D
Tiwari and Ram Naresh Yadav. Also at the time, a three-member SC bench headed by Justice
Anil R Dave and including Justices N V
R Banumathi, had also rejected the state’s contention that it had to allot bungalows as most of the ex-CMs get Z-plus security. Since the security was being provided by the Centre, giving accommodation was its responsibility too, the apex court said.