Overview
- Vijay Palande moved the Supreme Court seeking Ujjwal Nikam’s removal as SPP, arguing the post constitutes an office of profit disqualifying a sitting Rajya Sabha member.
- The plea was mentioned before Chief Justice Surya Kant and Justice Joymalya Bagchi, who agreed to examine the case after querying why the High Court was not approached.
- A Mumbai sessions court on February 5 rejected Palande’s application, holding that Article 102(1)(a) was misinterpreted and that Nikam may continue as SPP.
- The lower court relied on Section 24(8) of the CrPC and the Supreme Court ruling in State of Maharashtra v. Prakash Prahlad Patil to stress non‑interference with the state’s appointment policy.
- Nikam and the state argued there is no bar in the CrPC or BNSS on an MP serving as SPP and said his engagement is contractual; records note he resigned in April 2024 and was reappointed on May 6, 2024.