RAM GOPAL SINGH SISODIA Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition in the form of pro bono publico petition has been filed by one Sh.Ram Gopal Singh Sisodia seeking for a direction to issue a writ of quo warranto quashing the nomination of Sh.Sachin Tendulkar as a member of Rajya Sabha (Council of States) as made by the President of India. The petitioner is the Editor-in-Chief of Jan Chetna, a National Weekly Newspaper. He is Ex-Member of Metropolitan Council/ExMember of Legislative Assembly, Delhi.

(2.) The petitioner alleges that he came to know from the newspaper reports, widely published that Sh.Sachin Tendulkar, the respondent No.3 herein has been nominated to Rajya Sabha as one of the members under Article 80 of the Constitution of India. The grievance is that under Clause (1)(a) of Clause (3) of Article 80 of the Constitution of India, Sh.Sachin Tendulkar cannot be nominated as a member of Rajya Sabha as Cricket cannot be brought under anyone of the categories enumerated under the said Article. Therefore, the nomination of Sh.Sachin Tendulkar is invalid and unconstitutional.

(3.) Article 80 of the Constitution of India relating to the nomination of a person to be a member to the Council of States, reads as under:-