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Sangma
challenges Pranab's election in apex court
Tuesday August 21, 2012 06:51:08 PM,
IANS
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New Delhi: Purno Sangma Tuesday moved the Supreme
Court challenging Pranab Mukherjee's election as the president of
India, and claimed Mukherjee held an office of profit when he
filed his nomination papers.
Sangma, a former Lok Sabha speaker, said Mukherjee was chairman of
the Indian Statistical Institute (ISI) in Kolkata when he plunged
into the presidential race.
He added that during the election process, Mukherjee was also
leader of the Congress Parliamentary Party in the Lok Sabha.
In his petition, Sangma has contended that Mukherjee's signatures
on his resignation letter to the Indian Statistical Institute "are
neither of the respondent (Mukherjee) nor have been put by the
respondent (Mukherjee). They are fabricated."
Mukherjee's signatures on his resignation letter "do not match
with his signatures appended on the reply dated 3.7.2012 filed
before the returning officers," the petition stated.
The petition said that Mukherjee was "not qualified for contesting
and for being the president of India" and his "nomination papers
have been wrongly accepted by the returning officer".
Sangma, in his petition, has contended that while accepting
Mukherjee's nomination papers, the returning officer had not
checked the "genuineness of the signatures on the purported
resignation letter (as chairman of ISI, Kolkata), the genuineness
of the resignation letter itself".
The petition said the returning officer also did not decide
whether the president of the ISI was competent to accept the
chairman's resignation.
Sangma has said that all these questions were substantial and the
returning officer was statutorily mandated to decide all these
objections at the time of scrutiny and he "failed to exercise the
powers vested in him by the law".
Sangma wants the presidential poll result to be declared null and
void and himself to be declared the president of India.
The petition referred to Article 58 of the Indian Constitution,
which makes a person ineligible for contesting the election to the
post of president of India if such a person is holding an office
of profit.
The petition said the ISI was governed by the provision of the
Indian Statistical Institute Act, 1959, and the post of the leader
of the Congress Parliamentary Party are governed by the Leader and
Chief Whips of Recognised Parties and Group in Parliament
(Facilities) Act, 1998, and the rules thereunder.
Both these offices have been declared as office of profit by the
Parliament (Prevention of Disqualification) Act, 1959, the
petition added.
Till July 2, 2012, the Lok Sabha website as well as the ISI
website showed Mukherjee as the chairman of the ISI.
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