07-23-2006, 12:42 AM
<b>Oops! Ramadoss, it's time for loss of office</b><!--QuoteBegin-->QUOTE<!--QuoteEBegin-->Cabinet returns Bill to Prez as it is ---- With the Cabinet deciding to return the Office of Profit Bill to the President as it is,<span style='font-size:14pt;line-height:100%'>Health Minister A Ramadoss is all set for disqualification as an MP. </span>Â <!--emo&:cool--><img src='style_emoticons/<#EMO_DIR#>/specool.gif' border='0' style='vertical-align:middle' alt='specool.gif' /><!--endemo-->Â
Ramadoss, as President of the governing body of All India Institute of Medical Sciences (AIIMS), may come be under the Election Commission's scanner for holding an office of profit while being an MP.
Legal experts say the nature of the AIIMS president post and its privileges would attract OoP penalties.
Since his does not find mention in the list of exempted posts, the Minister could come under sharper legal scrutiny, especially in the wake of his obsession with AIIMS and his meddling in its affairs.
The first clause of Article 102 of the Constitution says: <b>"A person shall be disqualified for being chosen as, and for being, a member of Parliament if he holds any office of profit under the Government of India or of any State, other than an office declared by Parliament by law not to disqualify the holder."</b>
<b>What makes Ramadoss' case more curious is that his tenure as president runs contrary to the letter and spirit of AIIMS Act.</b>
Political non-interference has been one of the most prominent features of the Act and that's why out of the 17 members in the governing body, political representation is less than 20 percent. The Act provides for three MPs in the governing body - two from Lok Sabha and one from Rajya Sabha. Rest are people from medical and related fields.
Once a Governing body member becomes a Minister, deputy Minister or Speaker, he ceases to be a member. <b>This implies that the Health Minister can't be president of the AIIMS governing body.</b>
AIIMS director Dr P Venugopal's petition in High Court (he was unceremoniously removed from his post after Ramadoss had convened a special AIIMS body meet on July 5) had claimed that the AIIMS president's was an office of profit and had sought his disqualification on this ground.
The petition also sought Ramadoss' removal as AIIMS president. It argued that the AIIMS Act, 1956, envisaged autonomy for the institute and, therefore, a Minister could not be appointed president or even a governing body member.
Senior Supreme Court lawyer Ashok Arora said, <b>"If the Minister enjoys all perks and allowances then his post falls under the relevant sections of the office of profit. His continuation is then illegal and unethical." </b>
Another eminent lawyer K T S Tulsi said as per the AIIMS Act, <b>Ramadoss' "appointment as President is definitely illegal." </b>
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Ramadoss, as President of the governing body of All India Institute of Medical Sciences (AIIMS), may come be under the Election Commission's scanner for holding an office of profit while being an MP.
Legal experts say the nature of the AIIMS president post and its privileges would attract OoP penalties.
Since his does not find mention in the list of exempted posts, the Minister could come under sharper legal scrutiny, especially in the wake of his obsession with AIIMS and his meddling in its affairs.
The first clause of Article 102 of the Constitution says: <b>"A person shall be disqualified for being chosen as, and for being, a member of Parliament if he holds any office of profit under the Government of India or of any State, other than an office declared by Parliament by law not to disqualify the holder."</b>
<b>What makes Ramadoss' case more curious is that his tenure as president runs contrary to the letter and spirit of AIIMS Act.</b>
Political non-interference has been one of the most prominent features of the Act and that's why out of the 17 members in the governing body, political representation is less than 20 percent. The Act provides for three MPs in the governing body - two from Lok Sabha and one from Rajya Sabha. Rest are people from medical and related fields.
Once a Governing body member becomes a Minister, deputy Minister or Speaker, he ceases to be a member. <b>This implies that the Health Minister can't be president of the AIIMS governing body.</b>
AIIMS director Dr P Venugopal's petition in High Court (he was unceremoniously removed from his post after Ramadoss had convened a special AIIMS body meet on July 5) had claimed that the AIIMS president's was an office of profit and had sought his disqualification on this ground.
The petition also sought Ramadoss' removal as AIIMS president. It argued that the AIIMS Act, 1956, envisaged autonomy for the institute and, therefore, a Minister could not be appointed president or even a governing body member.
Senior Supreme Court lawyer Ashok Arora said, <b>"If the Minister enjoys all perks and allowances then his post falls under the relevant sections of the office of profit. His continuation is then illegal and unethical." </b>
Another eminent lawyer K T S Tulsi said as per the AIIMS Act, <b>Ramadoss' "appointment as President is definitely illegal." </b>
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