Advocate files PIL on office of profit
New Delhi, Apr 3 (UNI) An advocate filed a PIL in the Supreme Court seeking directions to the Election Commision to produce the basic criteria adopted by it to decide the issue of office of profit.
Viplav Sharma, an advocate in his writ petition has also prayed for interim stay against the expulsion of Samajwadi Party leader Jaya Bachchan.
Ms Bachchan was disqualified on the grounds that she was holding an office of profit as Chairperson of the Uttar Pradesh Film Development Council.
The petitioner citing a number of Supreme Court judgements on the controversial issue has pleaded that the apex Court in its judgement in January this year has held that offices in local bodies or of the the Board Chairman are not offices of profit.
It is worth mentioning here that the President of India has already referred over 100 complaints received by him against MP's and MLA's and has forwarded them to the Election Commission for appropriate action. Even the Lok Sabha Speaker Somnath Chatterjee is facing the heat of the controversy.Congress President Sonia Gandhi resigned both from Lok Sabha as well as Joint Advisory Council on the same issue.
The Government is also contemplating bringing a bill in consultation with other political parties on the issue. An application has been filed by Ms Jaya Bachchan earlier praying to the Supreme Court to define once and for all the term office of profit. At present according to Supreme Court ruling, office of profit is one where the Government is the appointing and terminating authority and it has the administrative control over the body and salary is drawn from the consolidated fund.
The petition is likely to come up for hearing on Friday.
UNI AKS SC SBJ PC2249