The Supreme Court on Friday deferred hearing on a PIL filed by a Lucknow-based lawyer challenging the restoration of Congress leader Rahul Gandhi’s Lok Sabha membership.
“The matter is adjourned in terms of the letter circulated,” said a bench of Justices B.R. Gavai and Prashant Kumar Mishra in view of the letter circulated by the petitioner– Ashok Pandey – seeking adjournment.
In his plea, Pandey contended that once a member of Parliament or a state legislature loses his office by operation of law, he will continue to be disqualified till he is acquitted from the charges levelled against him.
He prayed the Constitution Bench to decide as to whether on the basis of a stay of conviction, a person who has suffered disqualification by operation of law, will become qualified to be chosen as or for being, a member of Parliament or state legislature.
The Supreme Court on October 20 had imposed costs of Rs 1 lakh on the same petitioner for filing a similar “frivolous” PIL challenging restoration of Lok Sabha membership of Lakshadweep MP Mohammed Faizal.
“You are an advocate and filing such frivolous petitions. You should think ten times before filing such petitions,” had remarked the top court.