New Delhi:
The Delhi High Court on Wednesday refused to restrain Sachin Tendulkar from taking oath as Rajya Sabha member and sought the central government's response on a petition challenging the cricketer's nomination to the Upper House.
A division bench of Acting Chief Justice AK Sikri and Justice Rajiv Sahai Endlaw, hearing a petition filed by Ram Gopal Singh Sisodia, directed the government to file its reply by July 5, the next date of hearing.
The petition claims that Sachin's nomination to the Rajya Sabha is contrary to the provisions of the Constitution. It contends that Article 80(3) of the Constitution allows eminent people only from the field of literature, science, art and social services to be nominated to the Rajya Sabha. The petitioner further claims that there is no provision for any individual from the field of sports to be nominated to the Upper House.
"Sachin Tendulkar did not possess any of the qualifications as provided under Article 80 of the Constitution of India. Therefore, his nomination is not in accordance with the provisions of the constitution and liable to be struck down," Mr Sisodia's petition reads.
Mr Sisodia had first moved the Supreme Court with his petition. But on Monday, the court declined to entertain it and asked him to move the appropriate high court with his plea.
Sachin was nominated to the Rajya Sabha, along with actor Rekha and industrialist-activist Anu Aga, last month. While Ms Aga took oath in Parliament on Sunday (May 13), Ms Rekha was sworn-in yesterday (May 15).
In March, Sachin became the only cricketer to get a hundred centuries in international cricket. Given his busy cricket schedule, many have questioned whether he will have the time or inclination to be an active MP.