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Dismissing the plea, a bench of Justices Sanjay Kishan Kaul and Abhay S Oka said it was publicity interest litigation.
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.
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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.