SC dismisses petition against Pratibha Patil

New Delhi, July 3: In a major relief for UPA-Left Presidential nominee Pratibha Patil, the Supreme Court today dismissed a Public Interest Litigation (PIL) seeking direction to the Election Commission (EC) to cancel her nomination.

A vacation bench comprising Justice Tarun Chatterjee and Justice PK Balasubramanyan dismissed the petition after hearing petitioner Manohar Lal Sharma in person.

Sharma, an advocate, contended before the court that Ms Pratibha Patil is an undischarged insolvent in relation to her co-operative bank namely Pratibha Mahila Co-operative Bank and hence her nomination was liable to be cancelled.

The court in its order noted "we find no grounds to interfere under Article 32 of the constitution. It will, however, not prevent the petitioner from approaching appropriate authority for the redress of his grievance. The petition is dismissed."

The Court asked the petitioner whether it was a private or public interest litigation. It also wanted to know whether anybody can be disqualified from contesting the election unless and until he or she has been declared insolvent by a competent court. The petitioner, M L Sharma was asked whether he was an advocate of this court or of some other court.

The apex court also inquired whether this court can entertain a petition under Article 32 without any evidence to support or corroborate the allegation made in the petition.

The petitioner claiming to be the advocate of Supreme Court pleaded that even the money collected for Kargil war relief fund by Ms Pratibha Patil from the employees of her co-operative bank had not been deposited in the fund till date despite the notice having been issued by the relief fund commissioner in the year 2000.

At this Justice Chatterjee remarked '' We had also paid money in the relief fund but we are not aware whether it has reached its destination or not.'' Solicitor general of India GE Vahanvati, additional solicitor general Gopal Subramanium and AICC spokesman and a senior counsel Abhishek Manu Singhvi were present in the court to oppose the petition in case they found the court inclined to entertain the same.

UPA nominee Pratibha Patil has been in the thick of controversies right from the day her candidature was announced and has been facing allegations of defaulting in repayment of loan of Rs 7.5 crore extended to her sugar mill by a co-operative bank in 1994. The mill which is being run by her family members is facing auction sale for recovery of the dues. She is also facing allegations of not depositing Rs 4555 collected by her from 30 employees of her bank by deducting their one day salary for Kargil war relief fund.

Ms Patil is also being accused of shielding her brother who stands accused in a murder case and her husband Devi Singh Shekhawat is also facing allegations of murder.

UNI

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