In a significant development, the Supreme Court of India imposed a fine of Rs 1 lakh on Lucknow-based Advocate Ashok Pandey for filing a Public Interest Litigation (PIL) challenging the restoration of Congress leader Rahul Gandhi’s Lok Sabha membership. The bench, comprising Justices BR Gavai and Sandeep Mehta, dismissed the plea, labeling it as frivolous and a waste of the court’s time.
Rahul Gandhi was initially disqualified from the Lok Sabha following his conviction by a magistrate court in Surat for defamation, related to a remark he made at an election rally in Karnataka’s Kolar constituency in 2019. Gandhi had linked Prime Minister Narendra Modi with fugitives like Nirav Modi and Lalit Modi, stating, “all thieves have Modi surname.” This conviction led to his automatic disqualification from Parliament.
However, the Supreme Court later stayed Gandhi’s conviction, noting that the trial court had not provided specific reasons for imposing the maximum punishment under the Indian Penal Code (IPC) for defamation. This stay order facilitated Gandhi’s reinstatement to the Lok Sabha.
Advocate Ashok Pandey’s petition argued that a member remains disqualified until acquitted and sought the immediate holding of bypolls in Wayanad. The plea stated,
“Once a member of Parliament or of a state legislature loses his office by operation of Law in Article 102, 191 of the Constitution r/w section 8 (3) of the Representation of People Act 1951, he will continue to be disqualified until he is acquitted from the charges leveled against him by some higher court.”
The Supreme Court bench, while dismissing Pandey’s plea, expressed its disapproval of such filings, stating,
“This petitioner is in the habit of filing frivolous petitions. This is yet another one. This petitioner has not appeared several times despite the petition being called. The petitioner is in the habit of filing frivolous PILs. Filing such frivolous petitions is not only a waste of the precious time of this court but also of the Registry. We dismiss the petition, imposing a cost of Rs one lakh.”
This ruling comes after the Supreme Court had previously directed another PIL petitioner to deposit Rs 5 lakh as costs for a frivolous plea. The court’s decision in this case underscores its stance against frivolous litigation, especially in matters involving significant political and legal implications.
