SC declines to entertain Sangma's plea against prez

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.



Other News

GST: Achhe din for retail sector

The Goods and Services Tax (GST) will be a game-changing reform for the Indian economy, creating a common market and reducing the cascading effects of tax on the cost of goods and services. It will impact the tax structure, tax incidence, tax computation, tax payment, compliance, credit utilisation and rep

Make a noise

This year, for the first time, noise levels during the Ganeshotsav festival reduced in Mumbai. Although the decibel (dB) level remained beyond the permissible limits and the safe norms, it reduced from a high 123.7 dB last year to 116 dB. This was due to stricter enforcement by the police and cooperation f

This week`s important reads

A number of tribal kids are dying of malnutrition in Palghar district, Maharashtra. Lack of basic facilities like roads, water, healthcare and employment is also not helping.

Profits of PSUs fell in 2015

 For the first time in five years, the profits of India’s state-owned companies dropped, by about 20 percent in 2015. According to the government data 77 public-sector undertakings (PSUs) reported losses and contribution to the exchequer dropped Rs 20,000 crore over the previous year.

“There is no check on quality of education and food provided at ashram schools”

The death of more than 200 tribal children in Palghar this year once again highlights the deep-rooted problem of malnutrition among children, especially the tribal ones. Most tribal children go to ashram schools – residential schools opened in tribal-dominated regions by the state and the ministr

India sees dramatic improvement in opportunities for girl child: UN

Both India and China, which together are home to roughly one in three 10-year-olds alive today, are among the world’s fastest growing economies and have seen dramatic improvements in the opportunities available to youth, said UNFPA’s The State of World Population 2016 report. It


Current Issue


Facebook    Twitter    Google Plus    Linkedin    Subscribe Newsletter