Advocate files petition before President challenging Lok Sabha membership of Amritpal Singh
Aug 16, 2024
Chandigarh (Punjab) [India], August 16 : An advocate on Friday claimed that he has filed a petition before the President of India challenging the Lok Sabha membership of Amritpal Singh.
Advocate Chandresh Jain said that he has filed the petition before the President of India with a copy to the Election Commission of India against Amritpal Singh.
On August 9, the Supreme Court has dismissed his petition against Amritpal Singh.
"We are not inclined to entertain this petition. The writ petition is, accordingly, dismissed," the top court August 9's order said.
Now Jain has moved before the President and urged her to direct the Election Commission of India to declare the Lok Sabha membership of Amritpal Singh, who contested and won the election from Khadur Sahib constituency, Punjab, in the 2024 Lok Sabha Election as wrong, ab-intio and illegal and unconstitutional.
He also sought to declare the oath I affirmation filed by Amritpal Singh at the time of filing nomination papers for the said election as patently false and non-est in the eyes of the law.
Jain also sought to declare the scrutiny conducted by the District Magistrate of the nomination papers filed by Amritpal Singh as patently wrong and in violation of his discharge of duty towards the nation and his office.
Advocate Jain also sought to declare the oath filed by Amritpal Singh at the time of taking the oath in the Chamber of the Speaker, Lok Sabha, as patently false and non-est in the eyes of the law, as violative of the form of the oath or affirmation under Part III B of the Third Schedule to the Constitution of India.
In the petition before the top court, Advocate Jain said that he is raising an issue of utmost importance in the public and national interest, which is crucial to the sovereignty, integrity and unity of India and its democratic setup. The issue raised by the petitioner was that whether, any person who openly questions and acts against the sovereignty, integrity and unity of India can contest the elections of the Lok Sabha as well as State legislative assemblies.
"The nomination form comprising of poll affidavit of Amritpal Singh, his election as a successful candidate from Khadur Sahib Constituency, Punjab, and his subsequent oath taken in the chamber of the Speaker, Lok Sabha, is liable to be declared as null and void by Your Excellency for the reasons stated as above. Further, by this petition, the petitioner makes a prayer to Your Excellency to suggest the government to enact appropriate legislation so as to debar such separatist and secessionist candidates from contesting any election on Indian soil under the framework of the Constitution of India," Jain said in his petition.
Amritpal Singh, who won the 2024 Lok Sabha elections from Punjab's Khadoor Sahib parliamentary constituency as an independent candidate, is originally a resident of Jallu Kheda village in Amritsar and is currently lodged in jail in Assam's Dibrugarh district.
He used to live in Dubai prior to his return to Punjab in 2022, after the death of Punjabi actor Deep Sidhu. After his return, he became the chief of Deep Sidhu's pro-Khalistani organization, Waris Punjab De.
He was arrested from Moga's Rode village after he and his supporters on February 23, 2023 staged a protest at the Ajnala police station and clashed with police personnel in an attempt to free one of his aides, who was taken into custody for making inflammatory and pro-Khalistan statements.
In the 2024 parliamentary elections, Amritpal Singh won from the Khadoor Sahib seat. He was recently granted a four-day custody parole and brought to Delhi so that he could take oath as a Lok Sabha member.