Court Dismisses Misplaced Plea Against Rajya Sabha Member

The Delhi High Court dismissed a plea seeking the disqualification of senior advocate Manan Kumar Mishra from the Rajya Sabha for allegedly holding an 'office of profit'. The court found the petition by lawyer Amit Kumar Diwakar to lack merit and be an abuse of the legal process, imposing a Rs 25,000 cost.

In a significant ruling, the Delhi High Court has rejected a plea demanding the disqualification of senior advocate Manan Kumar Mishra from the Rajya Sabha. The plea alleged that Mishra held an 'office of profit' due to his position as the chairman of the Bar Council of India (BCI).

Justice Sanjeev Narula, in his judgment, stated that the petition, filed by lawyer Amit Kumar Diwakar, lacked any substantive merit and constituted an abuse of the legal system. Consequently, the petitioner was fined Rs 25,000, to be paid to the Delhi State Legal Services Authority within four weeks.

The court emphasized that disqualification under Article 102(1) of the Constitution requires a formal inquiry, not mere allegations. It also noted that the proper remedy for challenging Mishra’s election lies in filing an 'election petition' under the Representation of the People Act, not a writ petition.