Delhi High Court Dismisses Petition Against BCI Chairman Manan Kumar Mishra
The Delhi High Court has dismissed a petition that sought the disqualification of Manan Kumar Mishra, Chairman of the Bar Council of India (BCI), from the Rajya Sabha. The court also imposed a cost of Rs 25,000 on the petitioner, Amit Kumar Diwakar, a practicing advocate.
Diwakar argued that Mishra, while serving as BCI Chairman, which involves statutory functions and significant responsibilities, should not simultaneously be a member of the Rajya Sabha. However, the court, led by Justice Sanjeev Narula, stated that the petitioner bypassed the proper mechanism for challenging elections as outlined in the Representation of the People Act.
The court emphasized that challenges to elections must follow the prescribed manner under the Act, and writ petitions cannot be used as an alternative route. The court noted that the petitioner’s approach was a misapplication of legal principles, as it attempted to challenge Mishra’s election without filing an election petition.
Furthermore, the court highlighted that the petitioner lacked the necessary standing to initiate an election petition, as he was neither an elector nor a candidate in the election in question.
Doubts Revealed
Delhi High Court -: The Delhi High Court is a court in India that deals with legal cases in the region of Delhi. It is one of the high courts in India that handles important legal matters.
Petition -: A petition is a formal request made to a court asking for a specific legal action. In this case, it was a request to disqualify someone from a position.
BCI -: BCI stands for Bar Council of India, which is a body that regulates the legal profession and education in India. It ensures that lawyers follow certain rules and standards.
Rajya Sabha -: The Rajya Sabha is the upper house of the Parliament of India. It is similar to a council of elders and helps in making laws for the country.
Representation of the People Act -: This is a law in India that provides the rules for conducting elections and resolving disputes related to elections. It ensures fair and proper elections in the country.
Justice Sanjeev Narula -: Justice Sanjeev Narula is a judge at the Delhi High Court. Judges like him make important decisions in legal cases.
Standing -: In legal terms, ‘standing’ means having the right to bring a case to court. It usually means you are directly affected by the issue you are complaining about.
