This Article is From Nov 01, 2012

Supreme Court adjourns Pranab Mukherjee's election case to November 20

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New Delhi: The Supreme Court will now take up hearing former Lok Sabha speaker, PA Sangma's plea challenging the election of Pranab Mukherjee as President, on November 20.

On that day, a constitution bench headed by Chief Justice Altamas Kabir will decide whether a regular hearing is needed in this case or whether it can be dismissed at the preliminary level itself.  

While senior advocate Ram Jethmalani appeared for Mr Sangma, the President was represented by senior advocate Harish Salve.

"As per the Supreme Court rules, first a preliminary hearing in this case is needed to determine whether a regular hearing a needed or it can be dismissed at that stage itself. This petition deserved to be dismissed at the preliminary stage," argued Mr Salve.

Attorney General G E Vahanvati was assisting the court as a necessary party under the Supreme Court Rules in such matters.

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In his petition, Mr Sangma has said the veteran Congress leader was not eligible for the post of President of India as he was holding offices of profit on the date of filing nomination for the President's election.

Mr Sangma has contended that Mukherjee was holding offices of profit as chairman of Indian Statistical Institute (ISI), Kolkata and as also the leader of the Congress Party in Lok Sabha when he had entered the Presidential race.  He also alleged that proper procedure was not followed in accepting Mr Mukherjee's resignation from the ISI. The petition also claimed that the Returning Officer should have rejected Mr Mukherjee's nomination as he held office of profit.

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Mr Mukherjee in his reply filed in the Supreme Court said the allegations against him were untenable, misconceived and frivolous and he had resigned from the Congress and the ISI well before he filed his nomination.

Mr Sangma who had lost the Presidential poll, has sought a direction for setting aside Mukherjee's election as President and declaring him as elected to the post.

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(With PTI inputs)

 
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