OoP issue: SC refuses to entertain PIL
The petition seeks to declare as unconstitutional the Presidential Notification disqualifying Jaya.india Updated: May 05, 2006 17:17 IST
The Supreme Court on Friday refused to entertain a PIL seeking to declare as unconstitutional the March 16 Presidential Notification disqualifying Samajwadi Party leader Jaya Bachchan as a Rajya Sabha MP on the ground that the Election Commission did not advise the President rightly on the issue of 'office of profit'.
"There are so many Parliamentarians who may be affected by it. They can come to us. We have a right to entertain or not to entertain a petition filed by a person who is not connected with it," a Bench of Chief Justice YK Sabharwal and Justice CK Thakker observed.
As the Court was not inclined to entertain the plea, advocate Viplav Sharma chose to withdraw his petition and the same was "dismissed as withdrawn".
In his petition, Sharma had requested the court to direct the Centre and the Election Commission to submit before it the Commission's opinions and the decisions taken thereon since January 2005 on complaints under reference made by the President and Governors.
Sharma had urged the court to examine if the apex court's guidelines had been followed while deciding complaints against MPs/MLAs for holding office of profit.
He had sought quashing of all decisions regarding disqualification of legislators, including Jaya Bachchan, since January, last year if they were found to have been taken in violation of the court's guidelines.
He had also urged the court to lay guidelines, tests, parameters, and the procedure as to "the person who is eligible to make reference to the President or Governor within the meaning of Article 103 and Article 192 respectively of the Constitution".