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2005 Supreme(SC) 1809

R. C. LAHOTI, D. M. DHARMADHIKARI, G. P. MATHUR
Janaganavadi Bharat – Appellant
Versus
Govt. of India – Respondent


JUDGMENT :

1. Delay condoned.

2. The petitioner filed a writ petition in the High Court purportedly in public interest seeking an adjudication by the High Court that once a person is appointed as Prime Minister or Minister in the Central Government, lie has to vacate his seat in Parliament. The petition has been dismissed by the High Court as having no force. Aggrieved by the order of the High Court, this special leave petition has been filed.

3. We have heard the learned counsel for the petitioner for a reasonable length of time. He has referred to Articles 75, 88, 100 and 101 of the Constitution of India and placed reliance on His Holiness Kesavananda Bharati Sripadagalvark & Ors. v. State of Kerala & Ors., AIR 1973 SC 1461 (paras 11 to 14 and 302) and Dr. D.C. Wadhwa & Ors. v. State of Bihar & Ors., (1987) 1 SCC 378 (para 7). None of the provisions cited or the decisions relied on lends support to the petitioner's contention. In our considered opinion this petition is wholly devoid of any merit and liable to be dismissed. It is dismissed accordingly.

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