In her petition, social activist Nutan Thakur has contended that Prajapati was removed as a minister on serious corruption charges, which surfaced after an Allahabad High Court-ordered CBI inquiry was conducted into the allegations against him.
Thakur said that a minister is removed from his office under the provisions of the Article 164 of the Constitution when he loses the pleasure of the Governor. When Prajapati was removed as minister, he had lost the pleasure of the Governor, and hence he cannot be re-inducted into the ministry unless the facts and reasons for which he lost the pleasure of the Governor change.
Thakur said that she had also represented before Uttar Pradesh Governor Ram Naik, who heard her and assured that he would take legal advice on the question raised, but Prajapati has again been made a minister, forcing her to approach the court.
Thakur's counsel Asok Pande said the Supreme Court in S.R. Bommai and other cases has ruled that the judicial review of constitutional decisions can be made, and hence, review of this re-appointment is prayed.
