The Lucknow bench of the high court has set the matter for next hearing on May 24.
A division bench comprising justices Sudhir Agrawal and Virendra Kumar passed the order on the Public Interest Litigation petition filed by Sanjai Sharma.
The petitioner pleaded that a parliamentarian cannot not become the minister of a state government and this is in violation of article 101(2) of the Constitution of India and as such the appointment of Adityanath as the CM and Maurya as the Deputy CM should be set aside, for both are still continuing as MPs.
Sharma challenged the constitutionality of section 3(A) of the Prevention of Disqualification Act.
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Adityanath and Maurya were sworn-in on March 19. Both of them are likely to resign from their parliamentary seats only after casting their vote in the presidential election this July.
As per norms, they have to be elected to the legislature in their states within six months since they were sworn in.
They can contest elections to the state legislature only after quitting as MPs.
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