In a significant ruling today, the Supreme Court upheld the Delhi High Court’s decision dismissing a plea that sought the disqualification of Bar Council of India Chairman Manan Kumar Mishra from his Rajya Sabha membership. The bench, comprising Justices Surya Kant and N Kotiswar Singh, ruled that there were no substantial grounds to challenge the High Court’s ruling, although they did set aside the imposition of a ₹25,000 cost against the petitioner.
The petitioner, Amit Kumar Diwakar, an advocate, had argued that Mishra’s concurrent roles as the BCI Chairman and a Rajya Sabha member were legally incompatible. However, the High Court previously dismissed these claims, noting that Diwakar, neither an elector nor a candidate in the relevant election, lacked the necessary standing to file an election petition. The court also emphasized that disqualification under Article 102(1) of the Constitution requires a formal inquiry and cannot be based on mere allegations.
The High Court had imposed a financial penalty on Diwakar for what it termed a misuse of the legal process, aimed at bypassing established procedures for challenging election outcomes. Today, the Supreme Court, while dismissing the special leave petition (SLP), chose to relieve Diwakar of this financial burden, citing the particulars of the case and expressing hope that such frivolous litigations would not recur.
Manan Kumar Mishra, who was elected unopposed to the Rajya Sabha from Bihar under the NDA banner, has faced scrutiny over his dual roles, but with today’s ruling, his position remains secure.
