Madurai: A petition seeking to stay cricketer Sachin Tendulkar from taking oath as Rajya Sabha member was filed in the Madras High Court Bench on Monday citing pendency of a case against him in a court near here.
Petitioner A. Benitto, an advocate here, also sought a court direction to the Rajya Sabha Deputy Chairman, its Secretariat,and Secretary General to refrain, entertain and solicit Tendulkar, who was nominated to the Upper House by the government, as a Member of Parliament.
The court should seek explanation from the Secretary General and Deputy Chairman as to how Tendulkar's nomination as a Rajya Sabha member had been accepted by the Upper house Secretariat without proper investigation.
The petitioner submitted that a complaint had been filed before Judicial Magistrate of Melur near here against Tendulkar for allegedly insulting the national flag during a party in Jamaica in March 2010 and the same was pending adjudication.
"While so, the cricketer does not have the locus standi to become a member of the Parliament under sports category," he said.
The petition is likely to come up for hearing on May 3. Tendulkar, along with actress of yesteryear Rekha and industrialist Anu Aga were nominated by the government to the Rajya Sabha last week.