Hearing in Jaya Bachchan case on Monday
New Delhi, May 6 (UNI) The Supreme Court will hear on Monday the writ petition filed by Samajwadi Party leader Jaya Bachchan challenging her disqualification as Rajya Sabha member on the grounds that she was holding an 'office of profit' during her term as an MP.
A bench headed by Chief Justice Y K Sabharwal shall also hear her prayer for interim stay against the Presidential order dated March 16, 2006, disqualifying her on the recommendations of the Election Commission.
She was elected MP in June 2004 when she was holding the post of chairperson of the Uttar Pardesh Film Development Corporation (UPFDC).
Other judges on the bench are Mr Justice C K Thakker and Mr Justice R V Raveendran.
Ms Bachchan has challenged her disqualification on the grounds that she was not deriving any pecuniary benefit from the post and that the EC has gone against the law laid down by the apex court in this regard. The criteria laid down by the highest court of the land is that the post must be under the direct control of the state and the government must be the appointing and terminating authority for the impugned post.
It is worth mentioning here that the Mulayam Singh Yadav government had tried to save Ms Bachchan by excluding the UPFDC Chairman's post from the list of posts considered to be office of profit by hurriedly amending the law in the state assembly.
The controversy ignited by her disqualification ultimately led to the resignation of Congress President Sonia Gandhi as member of Lok Sabha as well as from the post of chairperson of National Advisory Council. Mrs Gandhi is again contesting by-election from the Rae Bareli Lok Sabha constituency where polling is to take place on May 8.
UNI AKS SC AT HS1551