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Fight on in SC over Prez election
President Pranab Mukherjee faced a daunting task on Tuesday to defend in Supreme Court his election as his rival PA Sangma questioned the veracity of his letters resigning from the offices of profit held prior to being elected to the top post.
Appearing for Sangma before a five-judge Constitution Bench, senior advocate Ram Jethmalani refused to buy the letter addressed by Mukherjee on June 20 to Congress president Sonia Gandhi abdicating membership of the Congress party as he held the posts of Leader of the Legislative Party in Lok Sabha and a Member of Parliament belonging to Congress party.
Jethmalani said that since a letter gave statements of fact, its veracity need to be tested by summoning witnesses on the claim made in it. Moreover, he wondered if Sonia Gandhi was a constitutional authority. Propriety demanded that a letter be issued to the Leader of the House, namely the Speaker of Lok Sabha, Jethmalani argued.
According to him, the fact that Pranab continued as MP till July 25, the date when he took over as President, was sufficient to conclude he held an office of profit and hence, to set aside his election.
Pranab’s counsel senior advocate Harish Salve dismissed these suggestions and said, “The moment he (Pranab) resigns from the Union Cabinet, he ceases to be the Leader of the Lok Sabha and hence, cannot be said to be holding the office of
profit.”
Salve argued that either the Prime Minister is the Leader of the Lower House or he can nominate a Minister in his place. Mukherjee ceased to hold the office of Leader of the House as a result of his relinquishing the post from the Cabinet and so, the allegation that Lok Sabha website showed Mukherjee as the leader even after filing of his nomination for the Presidential poll was of no consequence.
Jethmalani also countered Mukherjee over his resignation letter from Indian Statistical Institute in Kolkata, maintaining that it too was an office of profit and the letter produced of his resignation was “forged”.
President Pranab Mukherjee faced a daunting task on Tuesday to defend in Supreme Court his election as his rival PA Sangma questioned the veracity of his letters resigning from the offices of profit held prior to being elected to the top post.
Appearing for Sangma before a five-judge Constitution Bench, senior advocate Ram Jethmalani refused to buy the letter addressed by Mukherjee on June 20 to Congress president Sonia Gandhi abdicating membership of the Congress party as he held the posts of Leader of the Legislative Party in Lok Sabha and a Member of Parliament belonging to Congress party.
Jethmalani said that since a letter gave statements of fact, its veracity need to be tested by summoning witnesses on the claim made in it. Moreover, he wondered if Sonia Gandhi was a constitutional authority. Propriety demanded that a letter be issued to the Leader of the House, namely the Speaker of Lok Sabha, Jethmalani argued.
According to him, the fact that Pranab continued as MP till July 25, the date when he took over as President, was sufficient to conclude he held an office of profit and hence, to set aside his election.
Pranab’s counsel senior advocate Harish Salve dismissed these suggestions and said, “The moment he (Pranab) resigns from the Union Cabinet, he ceases to be the Leader of the Lok Sabha and hence, cannot be said to be holding the office of
profit.”
Salve argued that either the Prime Minister is the Leader of the Lower House or he can nominate a Minister in his place. Mukherjee ceased to hold the office of Leader of the House as a result of his relinquishing the post from the Cabinet and so, the allegation that Lok Sabha website showed Mukherjee as the leader even after filing of his nomination for the Presidential poll was of no consequence.
Jethmalani also countered Mukherjee over his resignation letter from Indian Statistical Institute in Kolkata, maintaining that it too was an office of profit and the letter produced of his resignation was “forged”.
