HC Dismisses Plea to Stop LS Poll Losers From Getting into RS
The Delhi High Court has refused to entertain a plea seeking to restrain those defeated in Lok Sabha elections from contesting the Rajya Sabha polls.
New Delhi: The Delhi High Court has refused to entertain a plea seeking to restrain those defeated in Lok Sabha elections from contesting the Rajya Sabha polls.
He also sought the court's direction to restrain candidates defeated in the Lok Sabha elections from contesting the Rajya Sabha polls.
A bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar said that the petitioner had an alternative, equally effective remedy available to him, which he had not availed and therefore, the petition could not be entertained.
The bench further said that in case, the petitioner was aggrieved by the decision taken by the appellate tribunal under the RTI, it would be open for him to assail it by way of appropriate legal proceedings before this court.
The petitioner, Satya Narayan Prasad, who claimed to be a social activist, had moved the court saying that India being a democratic country and the people being supreme in electing its leaders, "it is a misfortune that politicians who are defeated in the general elections are nominated to the Upper House".
Seeking a direction to the Ministry of Law and Justice and the Election Commission of India (ECI), the petitioner had said, "Any candidate who contested Lok Sabha election and has been defeated, he be declared disqualified for being a Member of Parliament (MP)."
Pleading for special rules and provisions to ban the leaders who have lost in Lok Sabha polls from contesting in Rajya Sabha election, the 51-year-old petitioner said that action be taken against the authorities concerned who have "wrongly nominated such disqualified candidates for membership in Parliament".
While candidates are elected to the Lok Sabha directly by the people, members of the Rajya Sabha are elected by the elected members of state Assemblies in accordance with the system of proportional representation by means of single
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