Samajwadi Party leader Jaya Bachchan, who was disqualified as Rajya Sabha member on the grounds of holding an office of profit, has approached the Supreme Court challenging her disqualification.
The writ petition filed by Bachchan on Saturday has sought issuance of an appropriate writ saying the presidential orders as well as Election Commission's recommendation disqualifying her as member of Rajya Sabha as null and void.
Bachchan's disqualification came in the wake of a complaint to the Election Commission that apart from being an member of Parliament, she was also Chairperson of Uttar Pradesh Film Development Corporation.
The petition has contended that she had not earned any pecuniary gain by holding the post of chairperson of UPFDC during her continuation as MP and hence, it is not an office of profit. She also pleaded that UPFDC, being a local authority, does not comes within the definition of state for the purpose of holding the post as "office of profit".
The EC recommendations and presidential orders were a violation of the Supreme Court ruling in Divya Prakash v/s Kullar Chand Rana case, which said that the office being held to be in "office of profit" must be under the control of the state and the state must have the appointing and terminating authorities and the salary and other perks should come from the consolidated funds.
Further, her application seeking to define the term "office of profit" is already pending in the Supreme Court, which she filed in a disposed-off matter titled Sibu Soren v/s Indian Union and others.
The respondents in the case are Union of India through secretary in the Parliamentary Affairs, secretary to the President of India, Election Commission of India and Madan Mohan. It was in the complaint of Madan Mohan, whose nomination papers were found invalid as Congress candidate, that Bachchan was disqualified.
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