New Delhi, Jan 16 (PTI) The Supreme Court on Thursday dismissed a plea challenging the election of Bar Council of India chairman Manan Kumar Mishra to Rajya Sabha from Bihar.
A bench of Justices Surya Kant and N Kotiswar Singh rejected the plea which had challenged the October 7, 2024 order of the Delhi High Court dismissing the petition while imposing a cost of Rs 25,000 on petitioner Amit Kumar Diwakar, who is an advocate.
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The top court said it does not find any ground to interfere with the order of the high court except to the extent of imposition of cost on the petitioner.
It modified the high court order and exempted the petitioner from depositing Rs 25,000 cost.
"In our considered view, no case for interference with the impugned judgment of the high court is made out. The SLP is accordingly dismissed," it ordered.
While exempting Diwakar from filing the cost, the bench said it hopes that he will not indulge in filing frivolous petitions.
The bench passed the order on the appeal filed by Diwakar, despite no one appearing in the court on the matter being called out twice.
Diwakar had approached the high court seeking Mishra's disqualification from Rajya Sabha.
He had claimed that while holding the office of chairman of BCI, a statutory body, Mishra cannot simultaneously serve as a sitting member of Rajya Sabha.
Mishra was elected unopposed to the Upper House from Bihar as a BJP nominee.
The high court while dismissing the plea had observed that the petitioner had bypassed the mechanism challenging the elections prescribed under the law.
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