New Delhi, Mar 11 (UNI) A petition was filed today in the Supreme Court challenging the election of Railway Minister Lalu Prasad from Chapra Lok Sabha constituency in 2004.
According to the petitioner, P C Sharma, Mr Prasad had contested Lok Sabha elections from two constituencies- Chapra and Madhepura.
Chapra elections were countermanded, while he won the Madhepura seat by defeating JD (U) president Sharad Yadav in May 2004.
He took oath as Minister on May 22, 2004 and took oath as Member of Parliament on May 26, 2004.
Elections to Chapra constituency were held on May 31, 2004 and Lalu won the Chapra seat on June 2, 2004.
Lalu resigned his Madhepura seat on June 16, 2004 and retained the Chapra seat.
The petitioner has challenged his election from Chapra on the grounds that a man can not take oath as MP when he is already a member of Parliament and he can not retain two seats in Lok Sabha.
The petitioner has challenged Allahabad High Court(Lucknow Bench) order dismissing his petition on the grounds of jurisdiction.
The Allahabad High Court had told the petitioner either to approach Patna High Court or Delhi High Court.
The petitioner has contended that a man cannot take oath as MP without resigning his parliamentary seat he is already holding and therefore the election of RJD supremo should be set aside as he remained a Lok Sabha member from both Chapra and Madhepura seats for 14 days which nobody can do.
The petition has been filed through Advocate Ashok Pandey.
UNI SC DS KN1649