THE Supreme Court on Monday dismissed a petition seeking transfer to itself petitions before the Delhi High Court and the Allahabad High Court challenging the nomination of Sachin Tendulkar as member of the Rajya Sabha.
A Bench presided by Chief Justice Altamas Kabir rejected the plea by Ram Gopal Singh Sisodia, whose writ challenging the nomination of Tendulkar is pending before the Delhi High Court.
With the petitioner contending that the apex court should decide the matter as there could be contradictory orders by the two high courts, the Bench said the petitioner could always come to the Supreme Court in case of contradictory decisions.
Sisodia had first challenged the nomination directly before the Supreme Court but had withdrawn it with the court stressing that it was not inclined to entertain the plea.
With his petition facing imminent dismissal, Sisodia decided to withdraw it as dismissal of his petition would have taken away his right to re-agitate the matter before a different forum.
Sisodia, an ex-MLA from Delhi, had approached the Delhi High Court after withdrawing his petition from the apex court. He contended that Article 80 of the Constitution did not envisage nomination of a sportsperson to the Rajya Sabha.
Article 80(3) talks about nomination of "persons having special knowledge or practical experience in respect of such matters as the following, namely: Literature, science, art and social service.”