Supreme court today refused to quash batting maestro Sachin Tendulkar's nomination to the Rajya Sabha, and asked the petitioner to rather approach the high court with his plea.The petitioner, Ram Gopal Singh Sisodia, a former Delhi MLA had challenged the nomination on the groundthat Sachin was not entitled to nomination as Article 80 nprescribes that only persons of eminence in the fields of art, literature and science are to be nominated to the Rajya Sabha.A vacation bench of justices Deepak Verma and S J Mukhopadhya asked the counsel R K Kapoor as to why he directlyapproached the apex court instead of invoking the jurisdiction of the Delhi High Court.The court then wondered if a writ of quo warranto would lie when a person is nominated to a particular post.A writ of quo warranto is a plea in which an individual's right to hold an office or governmental privilege ischallenged by another person.Thereafter, the bench gave the option to the counsel to withdraw the petition with liberty to move the high courtwhich he agreed and accordingly withdrew it.Sisodia in his petition said Sachin does not possess any of the qualifications as prescribed under Article 80 of the Constitution of India for being nominated to the Rajya Sabha.
News On AIR | May 14, 2012 5:12 PM