The Supreme Court will not interfere with Thursday's biennial election to two Rajya Sabha seats from Jharkhand, which was countermanded following allegations of use of money power and horse-trading.
“We can't issue any mandamus to the President,” a Bench of Justices Altamas Kabir and J. Chelameshwar said on Wednesday while allowing withdrawal of a petition filed by the former Jharkhand MP Salkhan Murmu for staying the election process.
Mr. Murmu contended that the election process was vitiated as the two MLAs involved in the alleged horse-trading would also vote in Thursday's election.
“Till now, they have not been disqualified. Why should they not be allowed to vote?” the Bench asked counsel.
When counsel sought the liberty of the court to move the President, the Bench said: “Why do you need our liberty? You don't need it. We are not dismissing your petition. We are allowing you to withdraw the petition.”
The earlier March 12 notification for holding the election was rescinded by President Pratibha Patil on March 31 following an Election Commission recommendation in the wake of allegations of use of money power in the March 30 poll.
The EC has already written to the government for a CBI probe into the events that led to the countermanding of the March 30 elections.
