New Delhi: The Delhi High Court has issued a notice to the Centre on a PIL challenging Sachin Tendulkar's Rajya Sabha nomination. The Delhi High Court has asked the Centre to reply by July 5.
The petition claims that Sachin's selection was unconstitutional as only people from art, science, literature and social services could be nominated and the sports does not fall under any category.
However, the court refused to restrain the cricketer from taking oath as a Rajya Sabha member.
A bench of Acting Chief Justice AK Sikri and Justice Rajiv Sahai Endlaw dismissed the application for stay of Sachin's oath ceremony, but asked Additional Solicitor General (ASG) A S Chandhiok to seek instructions from the government and inform the court by the next date of hearing on the PIL.
"How is this sports category covered while nominating a sportsperson to the Rajya Sabha?" the bench queried and asked the ASG to reply on this issue.
Chandhiok argued that the power has been exercised by the President of India and the court cannot interfere in the matter.
The petitioner Ram Gopal Singh Sisodia, a former Delhi MLA, had challenged the nomination on the ground that Sachin does not possess any of the qualifications prescribed under Article 80 of the Constitution for being nominated to the Rajya Sabha.
Appearing for the petitioner, advocate RK Kapoor submitted that the Constitution allowed the government to select from only four categories - arts, science, literature and social science. The selection of a sportsperson was unconstitutional, he said.
On May 14, the Supreme Court had refused to quash 39-year-old batting maestro's nomination to the Upper House and had asked Sisodia to rather approach the high court with his plea.
(With additional information from PTI)