Apex Court dismisses Jaya Bachchan's petition

New Delhi, May 8: The Supreme Court today dismissed a petition filed by Samajwadi Party leader Jaya Bachchan challenging the presidential order disqualifying her as a member of the Rajya Sabha on the basis of the Election Commission's recommendation for her disqualification on the ground that she was holding an office of profit.

A bench, comprising Chief Justice Y K Sabharwal, Mr Justice C K Thakker and Mr Justice R V Raveendran, dismissed her petition on the ground that her contention whether she was getting actual pecuniary gain was of no consequence.

The court also observed that the issue is well settled since Revanna's case of 1954 to Shibu Soren's case in 2001 that the amount receivable is the relevant consideration. Earlier senior counsel F S Nariman pleaded that there was some confusion about the definition of office of profit. He also contended that if some one receives nothing, it is not an office of profit.

Chief Justice however responded by saying that emphasis was on the amount receivable and not on the actual pecuniary gain. Nariman also pleaded that there is a germ in the statement and Election Commission was wielding stick.

The apex court also rejected petitioner challenge to the recommendation of Election Commission dated March 2, recommending her disqualification on the ground that she was holding the post of Chairperson of Uttar Pradesh Film Development Corporation(UPFDC) with cabinet rank having salary attach to it and perks of a Cabinet Minister and this was clearly an office of profit and she was hit by article 102(1)(a) of the Constitution of India.

It may be noted here that Congress President Sonia Gandhi resigned her Lok Sabha seat as well as from the post of Chairperson of National Advisory Council(NAC), in view of the same controversy surrounding her when there were allegations that the post of Chairperson of NAC was an office of profit.

Over 30 MPs and about 200 MLAs are facing disqualification proceedings for holding office of profit.

Jaya Bachchan was elected to Rajya Sabha in June 2004 and was made Chairperson of UPFDC in July 2004.

UNI