INVC,
Lucknow,
In the contempt petition filed by social activist Dr Nutan Thakur against Dr Manmohan Singh, Prime Minister of India for having openly defied the orders of the Supreme Court, the Allahabad High Court, Lucknow bench said that since the order is that of the Supreme Court, hence only Supreme Court is capable of hearing the contempt petition. As per the petition, in Lily Thomas vs Union of India & Ors., the Supreme Court has struck down section 8(4) as being ultra-vires because it provides different dates of disqualification for sitting MP/MLA vis-à-vis those qualified to be chosen so. Despite this the Prime Minister recommended the Representation of the People (Second Amendment and Validation) Ordinance, 2013 with minor amendment in section 8(4), which is a clear violation of the Supreme Court order.Hence Dr Thakur had prayed for initiating action against the Prime Minister under section 12 of the Contempt of Courts Act 1971.
