Sangma had challenged the election of Pranab Mukherjee as president
PTI | December 5, 2012
The Supreme Court on Wednesday dismissed by a majority ruling former Lok Sabha Speaker P A Sangma's petition challenging the election of senior Congress leader Pranab Mukherjee as President.
Chief Justice Altamas Kabir, who led the 3 to 2 majority ruling, held that Sangma's petition is not maintainable for regular hearing.
The dissenting judges held that the petition deserves regular hearing with one of them noting it was alleged that Mukherjee was holding an office of profit when he filed his nomination papers.
"The election petition is not maintainable for regular hearing. It is dismissed," the Chief Justice pronounced the verdict on behalf of him and justices P Sathasivam and S S Nijjar.
The two dissenting orders were pronounced separately by justices J Chelameswar and Ranjan Gogoi.
Justice Chelameswar, who read out the operative portion of his order dissenting with the order read out by the CJI, said he will give the reasons for dissenting with majority order shortly next week.
Justice Gogoi said since it was alleged that Mukherjee was holding the office of profit as the Chairman of the Indian Statistical Institute (ISI), he is of the view that the election petition filed by Sangma was fit to deserve regular hearing.
Earlier, the court had taken on record the short affidavit of Mukherjee, who said the grounds for challenging his election was "ex facie misconceived."
Sangma has contended that Mukherjee was holding offices of profit as chairman ISI, Kolkata and as also the leader of the Congress Party in Lok Sabha when he had entered the Presidential race.
Earlier, the Attorney General had opposed the plea of Sangma on the issue of office of profit.
"An office of profit is an office which must be under the Government, which enjoys the power to appoint and remove and some salary or emoluments must be attached to the post," Vahanvati said, adding that this was not the case with the post of Chairperson of Indian Statistical Institute (ISI).
"No pecuniary benefits was attached to the post of Chairman of ISI.. Moreover, the post must be such where the office-bearers can be influenced by the appointing authority," the law officer, who is assisting the court, said.
Far away in the other world, she must be weeping seeing the flames of fire she lit for justice slowly fading. On December 16, 2012, the 23-year-old Delhi woman, better known as Nirbhaya now, was brutally raped. She eventually succumbed to her injuries, but not before triggering a storm acorss the count
The rise in income inequality has been gradual in India, said the World Inequality Report which noted that at the global level, inequality has risen sharply since 1980, despite strong growth in China. The report said that inequality within world regions varies greatly. In 2016, the share of
BHEL has successfully commissioned a 54 mega watt coal-fired captive power project in Indonesia. The project located at East Kalimantan in Indonesia has been set up by BHEL for PT Citra Kusuma Perdana (PT CKP) for its coal-mining operations. For the project, B
Have things changed five years after the Nirbhaya incident? I see Delhi as the capital of protest, not just capital of rape as it is often painted. In terms of legislation, in 2013 one-stop-centres were set up after the landmark report of Justice Verma Committee and Justice Usha Meh
The winter session of parliament is starting and I am confident that it will be productive session, said prime minister Narendra Modi on Friday. He hoped that there is “constructive debate and we come up with innovative solutions to our nation`s problems”. Speaking
When prime minister Narendra Modi dedicated Kalvari submarine to the nation, it was significant for more than one reason. Not only did the submarine enhance India’s capability as a blue water navy, it also highlighted Project 75 that focused on a major exercise to build six submarines.