D. MURUGESAN, J

1. This writ petition in the form of pro bono publico petition has been filed by one Sh.Ram Gopal Singh Sisodia seeking for a direction to issue a writ of quo warranto quashing the nomination of Sh.Sachin Tendulkar as a member of Rajya Sabha (Council of States) as made by the President of India. The petitioner is the Editor-in-Chief of Jan Chetna, a National Weekly Newspaper. He is Ex-Member of Metropolitan Council/Ex-Member of Legislative Assembly, Delhi.

2. The petitioner alleges that he came to know from the newspaper reports, widely published that Sh.Sachin Tendulkar, the respondent No.3 herein has been nominated to Rajya Sabha as one of the members under Article 80 of the Constitution of India. The grievance is that under Clause (1)(a) of Clause (3) of Article 80 of the Constitution of India, Sh.Sachin Tendulkar cannot be nominated as a member of Rajya Sabha as Cricket cannot be brought under anyone of the categories enumerated under the said Article. Therefore, the nomination of Sh.Sachin Tendulkar is invalid and unconstitutional.

3. Article 80 of the Constitution of India relating to the nomination of a person to be a member to the Council of States, reads as under:-

(a) Twelve members to be nominated by the President in accordance with the provisions of clause (3); and

(b) Not more than two hundred and thirty-eight representatives of the States [and of the Union territories.]

(2) The allocation of seats in the Council of States to be filled by representatives of the States [and of the Union territories] shall be in accordance with the provisions in that behalf contained in the Fourth Schedule.

(3) The members to be nominated by the President under sub-clause (a) of clause (1) shall consist of persons having special knowledge or practical experience in respect of such matters as the following, namely:-

Literature, science, art and social service.

(4) The representatives of each State in the Council of States shall be elected by the elected members of the Legislative Assembly of the State in accordance with the system of proportional representation by means of the single transferable vote.

(5) The representatives of the [Union territories] in the Council of States shall be chosen in such manner as Parliament may by law prescribe.”

4. A similar provision of Article 171 relating to the composition of the Legislative Councils reads as under:-

“171. Composition of the Legislative Councils:-(1) The total number of members in the Legislative Council of a State having such a Council shall not exceed [one-third] of the total number of members in the Legislative Assembly of that State: Provided that the total number of members in the Legislative Council of a State shall in no case be less than forty.

(2) Until Parliament by law otherwise provides, the composition of the Legislative Council of a State shall be as provided in clause (3).

(3) Of the total number of members of the Legislative Council of a State—

(a) As nearly as may be, one-third shall be elected by electorates consisting of members of municipalities, district boards and such other local authorities in the State as Parliament may by law specify;

(b) As nearly as may be, one-twelfth shall be elected by electorates consisting of persons residing in the State who have been for at least three years graduates of any university in the territory of India or have been for at least three years in possession of qualifications prescribed by or under any law made by Parliament as equivalent to that of a graduate of any such university;

(c) As nearly as may be, one-twelfth shall be elected by electorates consisting of persons who have been for at least three years engaged in teaching in such educational institutions within the State, not lower in standard than that of a secondary school, as may be prescribed by or under any law made by Parliament;

(d) As nearly as may be, one-third shall be elected by the members of the Legislative Assembly of the State from