Legal Correspondent

New Delhi: The Supreme Court on Friday rejected at the admission stage itself a special leave petition challenging Railway Minister Lalu Prasad’s continuance in office on the plea that his election from two Bihar constituencies in 2004 was invalid.

A Bench consisting of Chief Justice K.G. Balakrishnan and Justice Aftab Alam dismissed the SLP filed by advocate P.C. Sharma against the Allahabad High Court’s rejection of his petition.

The Chief Justice told counsel: “We will not consider it. We will not hear such petitions. The law permits a person to contest in two constituencies. In what way are you aggrieved? This petition is not maintainable; you have filed it for publicity.”

The petitioner said Mr. Prasad filed his nominations in Madhepura and Chapra. He was elected from Madhepura on May 13 and he became Minister.

Re-poll held

The election in Chapra was countermanded and a re-poll held on May 31. After getting elected from Madhepura and becoming Minister, Mr. Prasad could not contest another election on May 31. Mr. Prasad, who won from Chapra also, resigned his Madhepura seat on June 16, 2004.

The petitioner contended that Mr. Prasad was not a validly elected member of the Lok Sabha from Chapra.


For, his election from that constituency was illegal and his continuance as Minister from the date of his resigning the Madhepura seat was unconstitutional.