The Supreme Court on Thursday declined to pass an order to restrain the Election Commission from giving its opinion to President APJ Abdul Kalam on the petitions seeking disqualification of MPs because they were holding offices of profit.
The apex court had on August 23 issued a notice to the government on a writ petition filed by Trinamool Congress MP Dinesh Trivedi, challenging the constitutional validity of the Parliament (Prevention of Disqualification) Amendment Act, 2006 exempting 55 offices from the purview of disqualification.
A bench of judges Arijit Pasayat and SH Kapadia on Thursday issued notices to the government and the Election Commission on another writ petition filed by the Consumer Education and Research Society challenging the act and an interim direction to restrain the poll panel from proceeding further on the disqualification petitions.
It directed that this petition be tagged with the earlier one filed by Trivedi.
The petitioner contended that the impugned act, notified on Aug 18, was wholly arbitrary and discriminatory. It said as admitted in the statement of objects and reasons, the impugned act had been passed with retrospective effect solely to protect about 40 sittings MPs, who had been facing disqualification proceedings before the commission.
The petitioner contended that the passing of the act, when complaints of disqualification of certain members were pending adjudication before the commission, clearly violated Article 103 of the Constitution.
Further it violated the rule of law, a basic feature of the Constitution, it said and sought a declaration that the act was unconstitutional and an interim stay of its operation.