Plea against Tendulkar's Rajya Sabha nomination dismissed
14 May 2012 7:51 PM GMT
The Supreme Court on Monday declined to entertain a petition challenging the nomination of cricketing icon Sachin Tendulkar to the Rajya Sabha.
An apex court bench of Justice Deepak Verma and Justice S.J. Mukhopadhaya dismissed as withdrawn the petition by Ram Gopal Singh Sisodia who contended that Tendulkar's nomination to the upper house of parliament was contrary to the provisions of the constitution.
The court asked the petitioner to move the appropriate high court with his plea.
Sisodia contended that the Article 80(3) of the constitution provided for nomination to the Rajya Sabha of eminent people from the field of literature, science, art and social services.
There was no provision for the nomination of an individual to the Rajya Sabha from the field of sports, he asserted.
The petitioner said that Tendulkar "did not possess any of the qualifications as provided under Article 80 of the Constitution of India. Therefore, his nomination is not in accordance with the provisions of the constitution and liable to be struck down".
Tendulkar, who was also given the honorary rank of Group Captain in the Indian Air Force in 2010, was nominated by the government for a seat in the upper house of parliament April 26 alongside actress Rekha and industrialist Anu Aga.
Counsel R.K. Kapoor, appearing for Sisodia, argued that the petition was moved invoking Article 14 of the constitution.
The apex court observed that the high court too "has the powers to examine issues involving Article 14".
The court asked counsel if the jurisdiction of the high court to examine issues involving Article 14 had been taken away.
The court's poser came when Kapoor persisted that the plea be heard by the apex court.
The petition said that a person upon his nomination to the upper house became entitled to certain financial rights and other privileges, and these rights could not be conferred on someone who was not entitled to be nominated to the Rajya Sabha as a member.
An apex court bench of Justice Deepak Verma and Justice S.J. Mukhopadhaya dismissed as withdrawn the petition by Ram Gopal Singh Sisodia who contended that Tendulkar's nomination to the upper house of parliament was contrary to the provisions of the constitution.
The court asked the petitioner to move the appropriate high court with his plea.
Sisodia contended that the Article 80(3) of the constitution provided for nomination to the Rajya Sabha of eminent people from the field of literature, science, art and social services.
There was no provision for the nomination of an individual to the Rajya Sabha from the field of sports, he asserted.
The petitioner said that Tendulkar "did not possess any of the qualifications as provided under Article 80 of the Constitution of India. Therefore, his nomination is not in accordance with the provisions of the constitution and liable to be struck down".
Tendulkar, who was also given the honorary rank of Group Captain in the Indian Air Force in 2010, was nominated by the government for a seat in the upper house of parliament April 26 alongside actress Rekha and industrialist Anu Aga.
Counsel R.K. Kapoor, appearing for Sisodia, argued that the petition was moved invoking Article 14 of the constitution.
The apex court observed that the high court too "has the powers to examine issues involving Article 14".
The court asked counsel if the jurisdiction of the high court to examine issues involving Article 14 had been taken away.
The court's poser came when Kapoor persisted that the plea be heard by the apex court.
The petition said that a person upon his nomination to the upper house became entitled to certain financial rights and other privileges, and these rights could not be conferred on someone who was not entitled to be nominated to the Rajya Sabha as a member.
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