NEW DELHI, 5 April 2008 — The Supreme Court yesterday dismissed a petition challenging the legality of Rashtriya Janata Dal (RJD) chief Lalu Prasad holding the office of railway minister. Petitioner P.C. Sharma, a lawyer, had contended that Lalu had contested parliamentary elections from Chapra in Bihar, while being a member of the Lok Sabha from another constituency. This was an unlawful act, the petitioner argued, and the minister should be stripped of his office.
Dismissing the petition, a bench headed by Chief Justice K.G. Balakrishnan said: “We will not consider it. We will not hear it. The petition is not maintainable.”
The bench observed that the petition was filed seeking publicity.
Sharma had challenged an Allahabad High Court order, which had dismissed his petition. Saying that it lacked jurisdiction, the Allahabad court had said that the right forum for the petition could be either the Patna High Court or the Supreme Court.
In 2004, Lalu contested the parliamentary constituencies of Madhepura and Chapra. The Chapra election was countermanded by the Election Commission for fraud. The commission declared the result of Madhepura, from where Lalu was elected.
He took oath as a legislator on May 26, 2004. Later he was also elected from Chapra where a re-election was held. The result of Chapra was declared June 2, 2004. Lalu resigned from Madhepura seat on June 16, 2004 and retained the Chapra seat.
The petitioner argued that Lalu was not a validly elected member of the Lok Sabha from Chapra as his election from this seat was illegal and his continuation as minister from the date of his resignation from Madhepura seat unconstitutional.
