Tue Jan 21 17:12:28 UTC 2025: ## Madras High Court Dismisses Petition Challenging Manmohan Singh’s Rajya Sabha Seat
**Chennai, January 21, 2025** – The Madras High Court has dismissed a petition challenging the late former Prime Minister Manmohan Singh’s 1991 election to the Rajya Sabha from Assam. The petition, filed by Kasturi Radhakrishnan of the Madras Citizens Progressive Council in 1993, alleged that Singh did not meet the residency requirements for the election.
Radhakrishnan argued that Singh’s claim of being a tenant in Guwahati did not constitute ordinary residency, violating Article 102(1)(e) of the Constitution. The petition sought to compel the President to seek the Election Commission’s opinion on Singh’s disqualification under Article 103(2).
However, Justice Raju dismissed the petition on three grounds. First, the court cited Article 361, which grants immunity to the President, preventing the court from directing the President’s actions. Second, the court found Radhakrishnan lacked locus standi, arguing that a petitioner from Madras could not represent the interests of Assam’s residents. Third, the court determined that the petition failed to provide specific evidence of disqualification under Article 102(1)(e) or the Representation of the People Act. The judge noted that the petition lacked the necessary substantiation of any specific disqualification under relevant laws.
The court’s decision highlights the legal complexities surrounding residency requirements for Rajya Sabha elections. It’s noteworthy that the domicile clause for Rajya Sabha elections was subsequently removed by Parliament in 2003.
First Piper 