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.
Urban development ministry has announced the list of 13 cities which have been chosen to be developed under the government’s Smart City plan. The names were shortlisted through a fast tr
The Shayara Bano case has placed the Muslim personal law under the judicial scanner yet again. The supreme court is set to examine triple talaq, polygamy and other discriminatory practices against women on the touchstone of the fundamental rights guaranteed under the constitution. Though there have
J Jayalalithaa began her second term as the chief minister of Tamil Nadu on Monday by announcing closure of 500 Tamil Nadu State Marketing Corporation (TASMAC) liquor shops. The chief minister also ordered that liquor outlets can be open only from 12 pm to 10 pm.
Delhiites breathed a sigh of relief as light rainfall drenched the national capital region in the late afternoon on Monday. The mercury settled at 42 degrees Celsius in early afternoon. “Precipitation is likely today and tomorrow which will reduce
National and regional parties collected a staggering Rs 5323.41 cr during the election period of 1,535 days between 2004 and 2015, shows an analysis of funds collected and expenditure incurred by political parties. The analysis was carried out the Association for Democratic Reforms [ADR] and National Elect
Political war that too on Twitter was a new low on Monday when HRD minister Smriti Irani entered in a Twitter spat with Congress spokesperson Priyanka Chaturvedi. The nasty conversation started over threats and trolls on Chaturvedi for her blog on a news website. Here`s what happened on