HC issues notice to V K Malhotra for holding "office of profit"

New Delhi, Mar 27 (UNI) The Delhi High Court today issued notices to BJP leader V K Malhotra, Election Commision and Union of India, on a petition seeking disqualification of Mr Malhotra as a Lok Sabha member for being the Chairman of All India Council of Sports, an office of profit, in contravention to law.

Justice Vikramjit Sen asked the respondents to file the replies by April 4 to the petition filed by Bhagwan Sharma, a voter of the South Delhi costituency represented by Mr Malhotra in the Lok Sabha.

Senior Counsel R K Anand who appeared for the petitioner argued that Mr Malhotra being the holder of office of profit, suffered a disqualification from the very beginning and was not even qualified to contest the general election from South Delhi Parliamentary constituency.

''He lacked the basic qualification at the time of filing of the nomination. He ought not to have filed his nomination and further taken a seat in the house of Parliament knowing fully well that he was not qualified from the membership in terms of the Article 102 of the Constitution,'' submitted Mr Anand, who was defeated in the election from the same constituency as a Congress candidate.

''Mr Malhotra, who was holding the post of a cabinet minister rank, was certainly disqualified for being an MP of the 13th Lok Sabha and 14th Lok Sabha. He knew it very well that he was disqualified and he sat and voted as an MP in Parliament,'' the petition said.

Mr Malhotra was appointed as the Chairman of the All India Sports Council by the NDA Government led by Prime Minister Atal Bihari Vajpayee on July 17, 2002 and he held the post till he resigned on July 15, 2005.

''He not only invites disqualification, but also a penalty of Rs 500 for each day he sat and voted in the house of Parliament, the petition added.

''The office of the Chairman of the All India Sports Council with the rank of a cabinet minister, is not one of the offices which have been declared by Parliament as not to disqualify its holder,'' the petition said.

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