Refusing to restrain master blaster Sachin Tendulkar from taking oath as a member of the Rajya Sabha, the Delhi High Court on Wednesday asked Additional Solicitor-General A.S. Chandhiok to take instructions from the Centre and inform it whether his nomination was violative of the Constitutional provision as alleged by a litigant.

A division bench of the court, comprising Justice A.K.Sikri and Justice Rajiv Sahai Endlaw, directed Mr. Chandhiok to respond by July 4, the next date of hearing.

A former Delhi MLA, Ram Gopal Singh Sisodia, submitted in his public interest litigation petition that the cricketer did not possess any of the qualifications prescribed under Article 80 (3) of the Constitution for being nominated to the Rajya Sabha. He had sought a stay on Mr. Tendulkar taking the oath.

Article 80(3) says that “the members to be nominated by the President [to Rajya Sabha] 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.” Making his submission on behalf of the petitioner, advocate R.K. Kapoor said the Constitution provided for the nomination of eminent personalities to the Rajya Sabha only under the four categories. It did not provide for the nomination of a sportsperson.

Mr. Chandhiok submitted that the Court could not interfere in the matter as the nomination was done by the President.

The petitioner approached the High Court following the dismissal of his petition as withdrawn by the Supreme Court on May 14.

The petitioner had sought the quashing of Mr. Tendulkar's nomination to the House.

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