Hearing a petition alleging that the nomination of cricketer Sachin Tendulkar to the Rajya Sabha was unconstitutional, the Delhi High court today asked the government to file its reply but did not restrain the cricketer from taking oath as an MP.
The court has asked the government to file its reply by the next hearing in the case on 4 July, RK Kapoor, legal counsel for the petitioner told reporters.
However, the court refused to grant the petitioner's request to restrain Sachin Tendulkar from taking oath as a Rajya Sabha MP.
The cricketer and actor Rekha have been nominated to the Rajya Sabha by the President. The actor took oath yesterday while Tendulkar is presently still playing the Indian Premier League and is likely to take oath after the tournament is over.
The petitioner in the case, former Congress MLA Ram Gopal Sisodia, had challenged the nomination on the ground that Sachin was not entitled to nomination as Article 80 prescribes that only persons of eminence in the fields of art, literature and science are to be nominated to the Rajya Sabha.
Sisodia in his petition said Sachin does not possess any of the qualifications as prescribed under Article 80 of the Constitution of India for being nominated to the Rajya Sabha.
The petitioner had earlier approached the Supreme Court but the apex court had refused to entertain the petition and asked him to approach the Delhi High court.
with inputs from PTI
Updated Date: May 16, 2012 16:00 PM