The Supreme Court bench of Chief Justice Dipak Misra, Justice DY Chandrachud and Justice AM Khanwilkar on Friday objected to the joinder as respondents of the Election Commission of India and the Prime Minister’s Office in a PIL filed by advocate ML Sharma seeking CBI investigation into the alleged manipulation of his election affidavits by Bihar Chief Minister Nitish Kumar with aid from the Chief Electoral Officer of Bihar..
“How is the PMO concerned,”, exclaimed the bench.
“The petition is defective; not properly constituted...everyone cannot be made a respondent,” remarked Chief Justice Misra.
Further, the Chief Justice also inquired, “Why (has) Article 32 (been resorted to)? Because you are here?”
“The petition is subject to the jurisdiction of the High Court also,” added Justice Chandrachud.
When the petitioner-in-person persisted, the bench remarked, “We have dismissed an identical PIL two weeks that sought the registration of an FIR against the respondent...the same allegation regarding the website being changed was also made therein...if that PIL was not allowed, there is no reason why we should permit you”.
Regarding the attempt as an “abuse” of the jurisdiction under Article 32, the bench disposed off the present petition, granting liberty to Sharma to approach the high court under Article 226.