NAGPUR: The Nagpur bench of the Bombay high court on Friday dismissed a petition which sought that Prime Minister Narendra Modi and Union home minister Amit Shah be disqualified under the Representation of the People (RP) Act, 1951.
The court also imposed a cost on the petitioner Ram Khobragade, a lawyer.
The petition demanded that PM Modi and Union home minister Amit Shah be declared guilty of “corrupt practices” under section 123 of the RP Act and disqualified for alleged violation of the model code of conduct during the 2019 Lok Sabha elections.
A division bench of Justices Sunil Shukre and Anil Killor said the petition was not maintainable as it was filed “in ignorance of the provisions made in sections 80-81 of the RP Act” and also Article 102 of the Constitution. Sections 80 and 81 deal with under what circumstances a petition challenging election can be filed, and Article 102 explains how an MP can lose the membership of Parliament. The petitioner, instead of pursuing other remedies under the law, moved the high court even when he himself is an advocate, the judges noted. The court dismissed the petition and imposed a cost of Rs 1,000 on the petitioner. He will have to deposit the amount with the HC legal services committee.
The court also imposed a cost on the petitioner Ram Khobragade, a lawyer.
The petition demanded that PM Modi and Union home minister Amit Shah be declared guilty of “corrupt practices” under section 123 of the RP Act and disqualified for alleged violation of the model code of conduct during the 2019 Lok Sabha elections.
A division bench of Justices Sunil Shukre and Anil Killor said the petition was not maintainable as it was filed “in ignorance of the provisions made in sections 80-81 of the RP Act” and also Article 102 of the Constitution. Sections 80 and 81 deal with under what circumstances a petition challenging election can be filed, and Article 102 explains how an MP can lose the membership of Parliament. The petitioner, instead of pursuing other remedies under the law, moved the high court even when he himself is an advocate, the judges noted. The court dismissed the petition and imposed a cost of Rs 1,000 on the petitioner. He will have to deposit the amount with the HC legal services committee.
