LexLOK PRAHARI versus STATE OF U.P. & ORS.
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A 8 c D E F G H (2016] 4 S.C.R. I 026 LOK PRAHARI v. STATE OF U.P. & ORS. (Writ Petition (Civil) No. 657 of2004) AUGUSTOl,2016 [ANIL R. DAVE, N.V. RAMANA AND R. BANUMATHI, JJ.] Government bungalows - Overstay by former CMs of Respondent-State in the allotted govt. bungalows after demitting the office, in absence of any special statutory provision - Respondent-State in terms of the 1997 Rules allotted govt. bungalows to former CMs for residence for life - Petitioner challenged the 1997 Rules on the ground that it was in contravention of provisions of the 1981 Act which permitted Ministers (including the CM) to retain official premises only for 15 days after demitting the office - Held: The 1981 Act was enacted by Respondent-State in exercise of its power u/Art.164 rlw Entry 40, List II of Vllth Schedule of the Constitution - The Act deals with salaries and perquisites to be given to the Ministers and hence the said provisions are statutory - The 1997 Rules are not statutory rules and are only in the nature of executive instructions - The Act provides that all the ministers are entitled to official residence without payment of any rent and can occupy the said residence for 15 days after completion of tenure while the 1997 Rules permit the former Chief Ministers to occupy government bungalows for life - Hence, the 1997 Rules so far not in consonance with provisions of the 1981 Act are bad in law - The 1997 Rules are also violative of Art. 14 more. so when no other dignitary holding constitutional post is given such a facility - Concerned respondents shall hand over the possession of the bungalows occupied by them within tn:o months - Ex-Chief Ministers Residence Allotment Rules, 1997 - Uttar Pradesh Ministers (Salaries, Allowances and Miscellaneous Provisions) Act, 1981 - Constitution of India - Art.164. Public property - Duty of State - Allotment of government bungalows to private trusts/societies without adequate consideration, in absence of any special statutory provision - Held: State has no right to fritter away government property in favour of 1026 LOK PRAHARI v. STATE OF U.P. & ORS. 1027 private persons/bodies without any adequate consideration - A Allotments made in absence of any statutory provision to be treated as cancelled - State shall take possession of such premises as soon as possible and recover appropriate rent. Administrative law: Variance in statutory provisions vis-a-vis executive instructions - Held: When the rules/regulations/executive B instructions are contrary to any statutory provision, the statutory provision would prevail and the rules or executive instructions, so far as contfary to the statutory provisions, would fail. Allowing the petition, the Court HELD: 1. The petitioner has locus standi to file the writ petition. The petitioner society have no malajide intention behind filing the present petition and none of them has any personal grudge against any of the occupants of government premises or any of the former Chief Ministers. Petitioner society is challenging the validity of 1997 Rules, whereby government bungalows have been allotted to former Chief Ministers, especially when there is an acute shortage of government premises, hence, it cannot be said that petitioner has no locus standi to file the present petition. [Para 25) (1036-C-EJ Fertilizer Corporation Kamgar Union (Regd) Sindri and Ors. v. Union of India and Ors. (1981) 1 SCC 568 : 1981 (2) SCR 52; S.P. Gupta v. Union of India and Am: (1981) Supp SCC 87 : 1982 SCR 365 - followed. 2.1. Upon perusal of Section 2 (e) of the 1981 Act, it is clear that the term "minister" includes the Chief Minister and Section 4 (1) (a) of the Act permits a Minister to retain his residence for 15 days after he/she demits his/her office. In view of such special provisions made, the Chief Minister is not entitled to privileges and protection as are available to the President and Vice-President oflndia, who are entitled to an official residence for Iife.[Para 31) [1039-C] 2.2. 1981 Act deals with salaries and perquisites to be given to all the Ministers, including· the Chief Ministers. The said provisions are statutory, but 1997 Rules are not statutory and they are only in the nature of executive instructions. If there is any variance in statutory provision and executive instruction, c D E F G ·H 1028 A B c D E F G SUPREME COURT REPORTS [2016] 4 S.C.R. sta
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