Supreme Court Dismisses Writ Petition Challenging Election Of Kapil Sibal

The Supreme Court on Wednesday dismissed a Special Leave Petition filed challenging an order of the Allahabad High Court which had found a Writ Petition challenging the election of Kapil Sibal as a member of Rajya Sabha to be frivolous and misconceived.

The Bench of Chief Justice DY Chandrachud, Justice PS Narasimha and Justice J.B. Pardiwala remarked to the petitioner-in-person, "You filed a Writ Petition. You should have filed an election petition". The Bench asked the petitioner if he was an Advocate practicing in Lucknow. "You have to file an election petition, you can't do this Writ Petition business", the Bench told the petitioner.

The Petitioner-in-person Vishwanath Pratap Singh told the Bench that he is an Advocate practicing in Delhi and that he may be permitted to make his submissions. He added that he wants to place reliance on some judgments of the Apex Court.

The Bench then observed, "Who are you? You filed a Writ petition for an election in which you were not even a participant. Sibal was elected in some other election". The Bench further noted that the Petitioner had filed an Article 226 Petition before the High Court. Continuing, the Bench said "But who are you? Then anybody can file a writ petition challenging the election. Merely because your elections were not completed, doesn't mean you will question somebody else's election." 

The petitioner then said that he has judgments in support of his case. The Bench then looked at the judgements relied upon by the petitioner and observed that they were not relevant, and accordingly dismissed the petition. 

The Bench in its order said, "We are not inclined to entertain the Special Leave Petition under Article 136 of the Constitution of India. The Special Leave Petition is accordingly dismissed."

The order impugned in the SLP passed by the Bench of Justice Suneet Kumar and Justice Rajendra Kumar-IV of the Allahabad High Court, which said, "The petitioner, by the instant writ petition has challenged the election of Sri Kapil Sibbal, member of Rajya Sabha, in writ jurisdiction. On specific query, the petitioner submits that he has not approached the designated forum by taking remedy of the election petition. In the circumstances, the writ petition being frivolous and misconceived, is accordingly, dismissed."

Cause Title: Vishwanath Pratap Singh vs. Union of India & Ors. [SLP(C) No.9392-2023]

Click here to read/download the Order