New Delhi, May 16 (IANS): The Delhi High Court Wednesday refused to restrain Sachin Tendulkar from taking oath as Rajya Sabha member and sought the central government's response on a petition challenging the cricketer's nomination to the upper house.

A division bench of Acting Chief Justice A.K. Sikri and Justice Rajiv Sahai Endlaw was hearing a petition by Ram Gopal Singh Sisodia, who contended that Tendulkar's nomination to the Rajya Sabha was contrary to the provisions of the constitution. The bench directed the government of India to file its reply by July 4, the next date of hearing.

Sisodia contended that Article 80(3) of the constitution provided for nomination to the Rajya Sabha of eminent people from the field of literature, science, art and social services.

There was no provision for the nomination of an individual to the Rajya Sabha from the field of sports, he asserted.

The petitioner said Tendulkar "did not possess any of the qualifications as provided under Article 80 of the Constitution of India. Therefore, his nomination is not in accordance with the provisions of the constitution and liable to be struck down".

Tendulkar, who was given the honorary rank of group captain in the Indian Air Force in 2010, was nominated by the government for a seat in the upper house of parliament April 26 alongside actress Rekha and industrialist Anu Aga.