10/05/2012 - Myclipp

Business Line/ - Markets, Qua, 16 de Maio de 2012
CLIPPING INTERNACIONAL (Supreme Court)
HC refuses to restrain Sachin from taking
oath as RS member
The Delhi High Court has refused to restrain cricketer
Sachin Tendulkar from taking oath as a Rajya Sabha
member on a PIL seeking quashing of his nomination
to the Upper House.
The court, however, asked the Centre to respond to
the PIL by July 4, the next date of hearing.
A Bench of Acting Chief Justice, Mr A.K. Sikri and Mr
Justice Rajiv Sahai Endlaw dismissed the application
for stay of Sachin?s oath ceremony, but asked the
Additional Solicitor General, Mr A.S. Chandhiok, to
seek instructions from the Government and inform the
court by the next date of hearing on the PIL.
"How is this sports category covered while nominating
a sportsperson to the Rajya Sabha?" the Bench
queried and asked the ASG to reply on this issue.
Mr Chandhiok argued that the power has been
exercised by the President of India and the court
cannot interfere in the matter.
The petitioner, Mr Ram Gopal Singh Sisodia, a former
Delhi MLA, had challenged the nomination on the
ground that Sachin does not possess any of the
qualifications prescribed under Article 80 of the
Constitution for being nominated to the Rajya Sabha.
Appearing for the petitioner, advocate Mr R.K. Kapoor
submitted that the Constitution allowed the
Government to select from only four categories - arts,
science, literature and social science. The selection of
a sportsperson was unconstitutional, he said.
On May 14, the Supreme Court had refused to quash
39-year-old batting maestro?s nomination to the Upper
House and had asked Mr Sisodia to rather approach
the High Court with his plea.
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