SC refuses to take up pleas against Sachin's nomination
New Delhi - The Supreme Court on Monday rejected a plea to transfer to itself two petitions pending before the Delhi and Allahabad High Courts that have challenged cricketer Sachin Tendulkar‘s nomination to the Rajya Sabha.
A bench of Chief Justice Altamas Kabir, Justice S.S. Nijjar and Justice J. Chelameswar ruled that this was not a matter to be entertained by it. As Chief Justice Kabir dismissed the plea, Justice Nijjar and Justice Chelameswar too voiced their disapproval over the matter being brought before the apex court.
In his petition, former Delhi legislator Ram Gopal Singh Sisodia sought the transfer of two petitions relating to Tendulkar’s nomination to the Rajya Sabha pending before the two high courts. He contended there was a possibility of the two high courts giving divergent verdicts.
Earlier May 14, the apex court declined to entertain Sisodia’s petition that Tendulkar’s nomination to the Rajya Sabha was contrary to the constitutional provisions, and asked him to move the high court.
Sisodia had earlier contended that Tendulkar’s nomination was in clear violation of the Articles 14, 16n (1), 51A(1) read with Articles 300 A and 80 of the Constitution.
He contended that a person upon his nomination to the upper house of parliament becomes entitled to certain financial rights and other privileges and these rights could not be conferred on a person who is not entitled for nomination to the upper house under the constitution.
The petition said that money from the public exchequer contributed by the tax payers and ordinary citizens must be spent for constitutional purposes only.
Sisodia, in his earlier petition which he has withdrawn, had said that Article 80(3) of the Constitution provides for nomination of eminent people from the field of literature, science, art and social services to the Rajya Sabha, but there is no provision for the nomination of an individual from the sports category.