HC slams ‘backdoor’ entry in Council

Five of them belonged to the ruling BSP and four to its alliance partner BJP.

They were Heera Thakur (BSP),Mithilesh Kumar (RSS),Ram Chandra Tyagi (BSP),Shyam Nand Singh (RSS),Raja Ram (BSP),Raghav Ram Mishra (RSS),Kamla Kant Gautam (BSP),Mohan Lal Haddhar (BJP) and Sudhir Kumar Goel (BSP).

Delivering a judgment on a public interest litigation pending since 2003 and filed by K K Tripathi and argued by retired IAS and lawyer S N Shukla,the court admitted that constitutional provisions for nomination of eminent persons from different fields were ignored.

“It was like a backdoor entry into the august house,” a Bench comprising Justices Pradeep Kant and Shabihul Hasnain ruled without deciding on the validity of the nominations.

“The judiciary has no business to go into the qualifications and credentials of persons who have been nominated to the council,but the court cannot remain silent if there was an apparent attempt to circumvent the constitution,” the Bench said,while “expressing its views on the important matter”.

Noting that the nomination was against the spirit of the constitution,the court found that none of the nine persons nominated to the Upper House had any special qualifications,experience or achievements as envisaged under the constitution.

It expressed surprise that the state Governor did not care to return the recommendations to the government for reconsideration.

The court said that since the term of the nominated members had already expired,neither the writ of certiorari nor the writ of quo-warranto can be issued.

BSP MLC takes oath
Unmindful of the High Court strictures,the government has nominated Tilak Chandra Ahirwar,who handles BSP affairs in Bihar,as a member of the Legislative Council. He took his oath of membership on Monday. Ahirwar said he had been nominated for his distinguished services in the social sector. He said he had joined the BAMCEF,which was founded by Kanshiram,in 1987 as a 19-year-old and served the people. In 2002,he contested the Assembly election from Babina (reserved) constituency and lost. In 2009,he was the BSP nominee from Jalaun Lok Sabha seat and lost again.