"We will not consider it. We will not hear it. The petition is not maintainable," a Bench headed by Chief Justice K G Balakrishnan on Friday said. "The petition was filed seeking publicity," the Bench observed.

The petition, filed by advocate P C Sharma, sought stay on the appointment of Prasad as Minister, raising a constitutional question whether a member of Lok Sabha or Vidhan Sabha can contest the election for the same house, despite being its member from another seat.

He had challenged the Allahabad High Court order which dismissed his PIL on the ground that it lacked jurisdiction as the right forum may be in Patna and Delhi.

Lalu fought elections from two Lok Sabha constituencies of Madhepura and Chhapra in 2004 general elections.

The Election Commission countermanded the election of Chhapra seat on the ground of booth capturing and rigging and declared the result of Madhepura from where Yadav was elected. He took oath as an MP on May 26, 2004, the petition said.

However, the result of Chapra seat was declared on June 2, 2004 in which Yadav was again declared elected. He, however, later resigned from Madhepura seat on June 16, 2004.