New Delhi: P J Thomas petitioned President Pratibha Patil on Wednesday to obtain the Apex Court's opinion on the legality of the court’s judgement of quashing his appointment as Central Vigilance Commissioner.

Approaching the Rashtrapati Bhawan on behalf of Thomas, his counsel Wills Mathews urged Patil to invoke her constitutional power under Article 143 of the Constitution to seek the Apex Court opinion on the legality and validity of the judgement.

"We are seeking your Excellency's kind indulgence for referring the Apex Court's judgement dated March 3, 2011, to a properly constituted constitution bench, as envisaged in the Constitution of India, on the legality and validity of the judgement, invoking Article 143 of the Constitution," said Mathews in his petition to the President.

In his petition, Mathews argued the Apex Court, while holding Thomas appointment order as non-est, "did not follow the procedure prescribed by the law" as the CVC could be removed only by the President's order, based upon the opinion of the Apex Court.

He said "Even if Your Excellency decides to remove the CVC, this procedure has to be followed".

"On the contrary, the Supreme Court's judgement nullified the whole procedure by declaring the appointment itself as null and void," said Mathews adding the Apex Court's judgement "triggers a constitutional crisis which warrants immediate intervention by Your Excellency".

In his petition to the President, Mathews also argued the Supreme Court never questioned the credibility and integrity of Thomas who, during his tenure as Telecom Secretary from October 2009 to September 2010, made the public exchequer richer by a record revenue of Rs 1,07,000 crore by auction of 3G spectrum.

He sought the President's intervention in the matter saying it's a must "for preserving, protecting and defending the Constitution and the law for the well being of the people of India."

(Agencies)