The counsel for petitioner Satish S Kambiye said the former CJI was not eligible to be nominated to Rajya Sabha.
“Who will decide the eligibility? You? Sorry, we don’t find any merit in this plea. You should be fortunate that we are not imposing a cost on you,” the bench said.
On March 16, 2020, Gogoi, who headed benches that pronounced several key judgments including in the sensitive Ayodhya land dispute case, was nominated to Rajya Sabha by the government.
Gogoi had also led the benches that ruled on matters such as the Rafale fighter jet deal and the entry of women into the famed Sabarimala temple.
A notification announcing his nomination to the Upper House was issued by the Ministry of Home Affairs on March 16, 2020.
Gogoi retired as CJI in November, 2019 after a tenure of a little over 13 months.
He is the first former Chief Justice of India to be nominated to Rajya Sabha.
Former Chief Justice Ranganath Misra was a Rajya Sabha member but he was elected on a Congress party ticket. PTI MNL SMN