<!--QuoteBegin-->QUOTE<!--QuoteEBegin-->Office of Profit: Jaya's case opens Pandora Box; will Sonia follow?
Saturday March 18 2006 00:00 IST
NEW DELHI: President APJ Abdul Kalam on Friday disqualified high profile Actress turned politician and Samajvadi Party MP Jaya Bachchan as a Member of Rajya Sabha on ground that she held an office of profit as Chairperson of the Uttar Pradesh Film Development Council.
The disqualification followed the recommendation of the Election Commission takes retrospective effect from July 14, 2004 when she was appointed to the film development council post. She was elected to Rajya Sabha a month earlier.
"Having carefully considered the facts on record as contained in the opinion of the Election Commission and being fully satisfied therewith, the President has disqualified Jaya Bachchan from her Rajya Sabha membership," an official release said giving the President's decision on a petition for disqualification filed by a Congress leader Madan Mohan Shukla.
<b>The disqualification of Jaya Bachchan has opened the Pandora Box with many political parties, particularly opposition parties for seeking same action against many Members of Parliament including Congress President Sonia Gandhi. </b>
After Jaya Bachchan's disqualification, aiming the guns, BJP alleged that Congress chief Sonia Gandhi also attracted disqualification as Lok Sabha member by virtue of her being Chairperson of the National Advisory Council (NAC) on implementation of Common Minimum Programme.
"Prima facie, Sonia Gandhi's position as Chairperson of the National Advisory Council too attracts provisions of disqualification under the Constitution," BJP spokesman Prakash Javadekar said.
While one petition has been filed with the President against Samajwadi Party leader Amar Singh, the TDP has petitioned against Congress President<b> Sonia Gandhi on the ground that she held an office of profit by virtue of being Chairperson of National Advisory Council, Rajiv Gandhi Foundation aided by Government, Indira Gandhi and Jawaharlal Nehru Memorial Trusts. </b>
The TDP has also sought disqualification of Union Minister of State for Mines T Subbarami Reddy, who is Chairperson of Tirupati Tirumala Devasthanam and Karan Singh, who is heading the Indian Council of Cultural Relations.
Utilizing the opportunity, Trinamool Congress President Mamata Banerjee also demanded similar action against a number of CPI (M) MPs alleging that they too enjoyed offices of profit. Mamata said <b>''If this law is applicable to Jaya Bachchan, why should it not be enforced against others, including CPI (M) MPs enjoying office of profit? Law should be one for everybody</b>."
She alleged that CPM MP Hannan Mollah is the chief of the state Waqf Board while another party MP Lakshman Sett is the chairman of the Haldia Development Authority. This apart, Amitava Nandi, another CPM MP, holds the post of vice-chairman of the state Fisheries Development Corporation." She also said that CPM MP Swadesh Chakraborty, holding the post of the HRBC Chairman.
However, Congress President Sonia Gandhi is unlikely to be come under the scanner of office of profit with the present statutory exceptions to office of profit. The National Advisory Council, which was created by the United Progressive Alliance (UPA) Government, did not figure in the list of statutory exceptions.
But, the exceptions were given to Chairpersons of the National Commission for Minorities, National Commission for the Scheduled Castes and Scheduled Tribes, National Commission for Women under the Salary, Allowances and Pension of Members of Parliament Act, 1954
The Act specifically excludes offices held by
(a) a Minister, Minister of State or Deputy Minister for the Union or for any State, whether ex-officio or by name
(b) Leader of the Opposition in Parliament
© Deputy Chairman, Planning Commission
(d) Chief Whip/Deputy Chief Whip or Whip in Parliament or a Parliamentary Secretary
(e) Chairpersons of the National Commission for Minorities, National Commission for the Scheduled Castes and Scheduled Tribes, National Commission for Women
(f) Member of National Cadet Corps, Territorial Army or Reserve and Auxiliary Air Force or Home Guard
(g) Sheriff of Bombay, Calcutta or Madras
(h) Chairman or Member of the Syndicate, Senate, Executive Committee, Council or Court of a University or any other body connected with a University
(i) Member of any delegation or mission sent outside India by the Government for any special purpose
(j) Chairman or Member of a Committee temporarily set up for advising the Government on a matter of public importance and
(k) Village revenue officers collecting land revenue and getting share or commission in the collection
However, the debate on office of profit among politicians and legal luminaries is likely to continue to occupy priority.
http://www.newindpress.com/Newsitems.asp?I...ries&Topic=402&
Â
Jaya Bachchan seeks Supreme Court clarification on "office of profit"
By Gyanendra Kumar Keshri, New Delhi: Following President A P J Abdul Kalam approval to the disqualification of her membership from Rajya Sabha, actress Jaya Bachchan has decided to seek the Supreme Court's clarification on the "office of profit".
"There is no definition of office of profit. There are over 70 Members of Parliament from different political parties who are holding similar position as Jaya Bachchan," said Pradeep Rai, Jaya Bachchan's Lawyer.
He said as Chairperson of the council, Bachchan never drew any salary and hence it should not be deemed as the office of profit.
"This is an advisory council which gives suggestions to UP government on the possibility of the development of filmmaking in the state. We will file a petition in the Supreme Court seeking clarification which position should be considered as office of profit and which should not be," said Rai.
The Uttar Pradesh government had created the council in 1999 to promote filmmaking in the state.
Bachchan was elected to Rajya Sabha in January, 2004. Following that she was also made the chairperson of Film Development Council in July the same year.
Bachchan holds the position as chairperson of the council with perks and status of a Cabinet minister, however, she draws no salary.
The Election Commission had recommended Jaya Bachchan's disqualification from the Rajya Sabha on March 6 on the petition filed by a Congress leader from Uttar Pradesh Madan Mohan on the ground that she was holding an office of profit as Chairperson of the Film Development Council.
The matter had gone before the President for his approval before he embarked on a foreign tour last week. The President had given its nod on the issue on Thursday evening.
The decision will now be published in the official gazette before it takes effect.
Article 102 of the Constitution prescribes many disqualifications 'for being chosen as and for being a Member of either House of Parliament'. One of the disqualifications is holding of an "office of profit under the Government of India or the Government of the State".
Parliament, however, can make a law declaring any or as many as they like, offices as not to disqualify its holders.
According to Prevention of Disqualification Act, 1959, a large number of offices like ministers, leaders of Opposition and chairpersons of several commissions or committees are not deemed as the office of profit.
Mulayam Singh government had pushed through a bill seeking to take away 79 posts in various government bodies from the list of office of profit to pre-empt Jaya Bachchan's disqualification.
However, Governor T V Rajeswar has withheld his consent to the bill.
http://www.newkerala.com/news2.php?actio...s&id=27116
Office of profit issue should be decided by legislature: CPI-M
New Delhi, March 17. (PTI): The CPI(M) today said the issue of whether a Member of Parliament was holding an office of profit should be decided by the legislature and the Election Commission should decide on such matters only at the time of elections.
Reacting to questions on disqualification of SP's Rajya Sabha MP Jaya Bachchan, party leaders Mohd Salim and Basudeb Acharia told reporters here that the parliamentary committee on offices of profit comprising members of both Houses had already notified posts which did not fall into this category.
But there remained a grey area as there was no exhaustive list of such posts. The issue, therefore, should be decided on the basis of "whether the spirit of the law is being violated or not", Salim said adding that what would happen to a MP who held such a post but did not take any salary or perks.
To specific queries on the Bachchan case, he said the matter was between the President and the Election Commission "though it should have been decided by the poll panel at the time of her election".
http://www.hindu.com/thehindu/holnus/001...171640.htm
<!--QuoteEnd--><!--QuoteEEnd-->