The Hindu : National : Quo warranto plea against PM dismissed

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Wednesday, Nov 08, 2006
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Quo warranto plea against PM dismissed

Legal Correspondent

New Delhi: The Supreme Court has rejected at the admission stage a public interest petition questioning under what authority Prime Minister Manmohan Singh is continuing in office after the completion of his Rajya Sabha term in April.

The petition filed by 76-year-old Gandhian R.S. Sanwal has no merit, said a Bench consisting of Chief Justice Y.K. Sabharwal and Justice C.K. Thakker.

He said the cycle of biennial retirement of members of the Council of States got disturbed during the last several years because elections could not be held as and when they became due primarily for the reason the Assemblies of the States concerned were not in existence and the States were under President's rule.

Dr. Singh was elected from Assam on June 15, 2001 and he ought to have retired on April 2, 2006 for, the biennial elections should have been held in April 2000 itself. As provided under Article 75 (5), a person could continue as Minister for six months without getting elected to either House. Thus Dr. Singh could not legally hold any office beyond October 2.

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