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New Delhi, 09 October (Hindustan Reporter). The Delhi High Court has rejected the petition seeking disqualification of Bar Council of India (BCI) Chairman and senior lawyer Manan Kumar Mishra as a Rajya Sabha member. The bench of Justice Sanjeev Narula rejected the petition and also imposed a fine of Rs 25,000 on the petitioner.
The High Court said that the petitioner has misused the legal process by filing the petition. The court said that the Constitution has made appropriate provision for disqualification from Parliament. How can the court order disqualification of a Member of Parliament in a writ petition? The High Court said that under Article 102(1) of the Constitution, disqualification does not happen automatically on the basis of mere presumptions. When it is investigated within the scope of the Constitution, then disqualification occurs. For this an election petition has to be filed. The court said that this petition is a blatant misuse of the legal process. In such a case, a fine of Rs 25 thousand is imposed on the petitioner.
The petition was filed by lawyer Amit Kumar Diwakar. It was said in the petition that the post of BCI Chairman is a post of profit. In such a situation, Manan Kumar Mishra cannot be a member of Rajya Sabha. It was said in the petition that Manan Kumar Mishra cannot be the Chairman of BCI and a member of Rajya Sabha at the same time as both are constitutional posts. Let us tell you that Manan Kumar Mishra has recently been elected Rajya Sabha member of BJP from Bihar.