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.

Comments

 

Other News

Look who’s talking ethics in Karnataka?

 Just after the UP assembly election in 1996, I was among the scores of reporters waiting at Kalyan Singh’s residence, waiting to get the first inkling of the future course of the BJP. The party had secured the maximum seats – 174 out of 425 seats – but was short of the majority mark

Company secretaries are gatekeepers of corporate governance: SEBI Chairman

“Company Secretaries, once known as secretaries to the board and management, have transformed themselves into key managerial and governance professionals. Today they are recognised for their importance on corporate landscape and have become gatekeepers of corporate governance,” said Ajay Tyagi,

Will there be light at the end of the tunnel?

Any good news which promises to bring about qualitative improvement in the lives of people, especially in rural India, is always welcome. It was heartening indeed to learn that every single village in the country now has access to electricity, as announced by the prime minister on April 29. This is most ce

A dry run in Bundelkhand

The paved road, the few concrete houses and men on motorcycles – these are deceptive signs of development in Madralalpur village. Only a couple of weeks ago, Babu, a 47-year-old distressed farmer, had hanged himself from a babool tree. Villagers were gathered at his house as his wife, mother, sister-

Our jobs, their jobs

Statistics has come a long way from the time when British prime minister Benjamin Disraeli observed: “There are three kinds of lies: lies, damned lies, and statistics.” Statistics is now an accredited branch of applied mathematics; statistical methods are routinely used to prove or disprove the

Why hasty ordinance on rape of minors needs gender balance

Of all offences, it’s the crime of rape that fires public sentiment the most, eliciting an outrage that exceeds the seemingly worst felony of all – murder too. It has probably more to do with the offence and associated gory details staying, even being replayed ruthlessly, in memory with continu

Current Issue

Current Issue

Video

CM Nitish’s convoy attacked in Buxar

Opinion

Facebook    Twitter    Google Plus    Linkedin    Subscribe Newsletter

Twitter