The petition, filed by a local lawyer Ashok Pandey on May 2 had sought direction for quashing the recent nomination of Sachin Tendulkar to the Upper House.
A division bench comprising justice Devi Prasad Singh and Justice Saeduzama Siddiqui passed this order today after the additional solicitor general Dr Ashok Nigam raised preliminary objections at the time of hearing that this petition is having the nature of Public Interest Litigation (PIL) hence it should be heard by such a bench.
The petitioner in his petition has alleged that the nomination of Tendulkar was against the legal provisions and was in clear violation of the constitution.
He has contended that Tendulkar's nomination as "a renowned sportsman" was in violation of the Article 80(3) of the constitution.
As per the Article 80(3) the members to be nominated by the President shall consist of persons having special knowledge or practical experience in respect of matters namely literature, science, art and social service, he has stated.
