Refusing to quash batting maestro Sachin Tendulkar's nomination to the Rajya Sabha, the Supreme Court asked petitioner Ram Gopal Singh Sisodia, a former Delhi MLA to rather approach the high court with his plea, reports Times of India.
The petitioner had challenged the nomination on the ground that Sachin was not entitled to nomination as Article 80 prescribes 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 counsel R K Kapoor as to why he directly approached the apex court instead of invoking the jurisdiction of the Delhi high court.
"Why did you come to us directly under Article 32. You could have approached the high court? " the bench told the counsel who submitted that he had a Constitutional right to approach either courts.
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 is challenged by another person.
Thereafter, the bench gave the option to the counsel to withdraw the petition with liberty to move the high court which 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.
"But despite that he has been nominated as a member of Rajya Shaba. His nomination is not in accordance with the provisions of the Constitution and liable to be struck down."
In his petition, the former Delhi MLA had raised several questions, including if a person can be nominated as a member of Rajya Shaba under clause 1(a) read with clause (3) of Article 80 of the Constitution of India even if he does not have a special knowledge or practical experience in the prescribed categories as enumerated under clause (3) of the Article 80 of the Constitution.
The petition also asked if a nomination made beyond the categories as specified under Article 80 (3) of the Constitution is not liable to be declared as an invalid and illegal nomination?
"That in view of these facts and circumstances, the petitioner has filed the Civil Writ Petition before this Hon?ble Court since there is a clear violation of the provisions of Article 14, (equality of law) 16(1) (equality in public employment), (51A (fundamental duties) (a), read with Article 300 A (persons not to be deprived of property except by law) and Article 80 of the Constitution of India," read the petition.
"That after nomination, a person would be entitled to certain financial rights and other privileges which cannot be conferred on a person who is not eligible to be nominated to Rajya Sabha," it said.
"Tax payers money cannot go into the pockets of those who are not eligible to be nominated as members of the Rajya Sabha. The petitioner is an income-tax payee and the money contributed by citizens must be spent for constitutional purposes only," it added.
Showing posts with label Sachin tendulkar. Show all posts
Showing posts with label Sachin tendulkar. Show all posts
Tuesday, May 15, 2012
Wednesday, March 28, 2012
Tendulkar available for entire IPL: MI
Sachin Tendulkar will be available to play the entire duration of the upcoming Indian Premier League after returning from London where he has gone for a medical consultation for a toe injury, the Mumbai Indians (MI) franchise team spokesman said.
"I can categorically say Sachin Tendulkar (captain of Mumbai Indians) is available for the entire duration of the IPL. He has gone to London just for consultation (about his toe injury) and is scheduled to be back on March 31. There is no question of any surgery," the spokesperson said, reports Times of India.
"He will also be there for the opening ceremony (on April 2) at Chennai and for the opening encounter (on April 4 against defending champions Chennai Super Kings)," the spokesman added.
The MI clarification came after it was learnt from a source in the Cricket Board that the return of the champion batsman, after his consultation in London with a specialist, was uncertain as even a surgery might be needed to put a question mark on his participation for the entire duration of the Twenty20 League.
"Yes, Sachin Tendulkar has gone to London for consultation about his toe injury. He has been playing with this injury for long. It is not sure when he will return as even a surgery may be needed to correct it," the BCCI source said earlier.
The Indian Premier League is all set to commence on April 4 in Chennai, where Tendulkar's Mumbai Indians, last year's runner-up will take on Mahendra Singh Dhoni's Chennai Super Kings at the M A Chidambaram Stadium.
Tendulkar, who notched up his 100th international ton in the recently-concluded Asia Cup, did not attend the BCCI-organised felicitation function of the retired batsman Rahul Dravid last evening at a hotel near his residence, as he had already left for England.
The toe injury is a decade-old but it came back to haunt him and upset his plans to play the ODI series in England last September after a not-too-successful run in the four-Test series that preceded it.
The senior cricketer was withdrawn from the team sheet before the first ODI, which was washed out. And then the BCCI issued a statement, saying that Tendulkar had been ruled out of the series "due to a toe injury".
Tendulkar had consulted a specialist in London after suffering the injury and was advised four weeks' rest.
He came back to play the Test rubber against the West Indies at home after missing the Champions League Twenty 20, which was won by Mumbai Indians under the stand-in-skipper Harbhajan Singh.
But after playing the Test series against the Windies, Tendulkar again opted to rest for the ODI series.
He went to Australia with an advance party of senior players including captain Mahendra Singh Dhoni, Dravid and VVS Laxman to get acclimatised to the conditions Down Under when the limited over series against the West Indies was in progress.
Tendulkar played the Test series in Australia and then stayed on to take part in the triangular ODI series before playing the Asia Cup in Bangladesh where he achieved the long-eluding milestone of 100 tons in international cricket.
He had addressed the media in a lengthy session last Sunday, got feted by MI's owners Mukesh and Nita Ambani at their residence the next evening before flying off to London.
"Mumbai Indians captain Sachin Tendulkar will be joining the in-progress camp at Wankhede Stadium from 31st March 2012 and is fully available for the entire IPL season 5. Sachin is in UK to consult his doctor and will be back in India to join the camp from 31st March," a statement issued by Mumbai Indians said.
"I can categorically say Sachin Tendulkar (captain of Mumbai Indians) is available for the entire duration of the IPL. He has gone to London just for consultation (about his toe injury) and is scheduled to be back on March 31. There is no question of any surgery," the spokesperson said, reports Times of India.
"He will also be there for the opening ceremony (on April 2) at Chennai and for the opening encounter (on April 4 against defending champions Chennai Super Kings)," the spokesman added.
The MI clarification came after it was learnt from a source in the Cricket Board that the return of the champion batsman, after his consultation in London with a specialist, was uncertain as even a surgery might be needed to put a question mark on his participation for the entire duration of the Twenty20 League.
"Yes, Sachin Tendulkar has gone to London for consultation about his toe injury. He has been playing with this injury for long. It is not sure when he will return as even a surgery may be needed to correct it," the BCCI source said earlier.
The Indian Premier League is all set to commence on April 4 in Chennai, where Tendulkar's Mumbai Indians, last year's runner-up will take on Mahendra Singh Dhoni's Chennai Super Kings at the M A Chidambaram Stadium.
Tendulkar, who notched up his 100th international ton in the recently-concluded Asia Cup, did not attend the BCCI-organised felicitation function of the retired batsman Rahul Dravid last evening at a hotel near his residence, as he had already left for England.
The toe injury is a decade-old but it came back to haunt him and upset his plans to play the ODI series in England last September after a not-too-successful run in the four-Test series that preceded it.
The senior cricketer was withdrawn from the team sheet before the first ODI, which was washed out. And then the BCCI issued a statement, saying that Tendulkar had been ruled out of the series "due to a toe injury".
Tendulkar had consulted a specialist in London after suffering the injury and was advised four weeks' rest.
He came back to play the Test rubber against the West Indies at home after missing the Champions League Twenty 20, which was won by Mumbai Indians under the stand-in-skipper Harbhajan Singh.
But after playing the Test series against the Windies, Tendulkar again opted to rest for the ODI series.
He went to Australia with an advance party of senior players including captain Mahendra Singh Dhoni, Dravid and VVS Laxman to get acclimatised to the conditions Down Under when the limited over series against the West Indies was in progress.
Tendulkar played the Test series in Australia and then stayed on to take part in the triangular ODI series before playing the Asia Cup in Bangladesh where he achieved the long-eluding milestone of 100 tons in international cricket.
He had addressed the media in a lengthy session last Sunday, got feted by MI's owners Mukesh and Nita Ambani at their residence the next evening before flying off to London.
"Mumbai Indians captain Sachin Tendulkar will be joining the in-progress camp at Wankhede Stadium from 31st March 2012 and is fully available for the entire IPL season 5. Sachin is in UK to consult his doctor and will be back in India to join the camp from 31st March," a statement issued by Mumbai Indians said.
Subscribe to:
Posts (Atom)