New Delhi: The Supreme Court on Wednesday declined to interfere with tomorrow`s biennial election to the two Rajya Sabha seats from Jharkhand which was countermanded following allegations of use of money power and horse-trading.
"We can`t issue any mandamus to the President," a bench of justices Altamas Kabir and J Chelameshwar said while allowing withdrawal of the petition filed by former Jharkhand MP Salkhan Murmu for staying the election process.
Murmu, through his counsel, contended the entire election process was vitiated as the two MLAs involved in the alleged horse-trading will also be voting in tomorrow`s election.
It was further contended since CBI was investigating the matter, it would not be proper to permit the election process, much less the tainted MLAs to vote.
"Till now, they (MLAs) have not been disqualified. Why should they not be allowed to vote?" the bench told the counsel.
It asked the petitioner to approach the appropriate forum with his grievances.
When the counsel sought the liberty of the apex court to move the President, the bemused bench said "why do you need our liberty? You don`t need it. We are not dismissing your petition. We are allowing you to withdraw the petition."
Accordingly, it allowed Murmu to withdraw the petition.
The earlier notification of March 12 for holding biennial election to fill the two vacancies from Jharkhand was rescinded by President Pratibha Patil on March 31 following a recommendation by the Election Commission in the wake of allegations of use of money power in the March 30 poll.