SC confirms disqualification of MLA holding office of profit

New Delhi, Jan 18 (UNI) The Supreme Court today upheld the disqualification of a Goa MLA for holding Office of Profit.

The appellant Dayanand Rayu Mandrekar was holding the post of Chairman of the Goa Khadi and Village Industries Board with the status of minister of state.

The appellant was elected from Siolim assembly constituency on June 1, 2002 and was made a Cabinet Minister in the government headed by the then Chief Minister Manohar Parrikar.

The respondent Chandrankant Uttam Chodankar challenged the election on the grounds that he was holding the office of profit as Chairman of Khadi Board on the date of filing of his nomination and also on the date of his election. As it was office of profit he was disqualified to be chosen as Member of the Legislative Assembly in terms of Article 191 (1)(a) of the Constitution of India.

The Mumbai High Court at Panaji vide its judgment dated July 18, 2003 rejected the election petition but the apex court set aside the High Court judgment vide judgment dated December 15, 2004 and restored the election petition with direction to the High Court to dispose of the same preferably within four months.

The election was challenged on the ground that the post of Chairman of the Khadi Board carried many perks and salary also.

The High Court in its judgment dated May 27, 2005 set aside the election of the appellant on the grounds that he was holding the office of profit on the date of his nomination.

The Apex court today upheld the judgment of Mumbai High Court and held that the appellant was in fact holding the office of profit on the day of his nomination as well as on the day of polling.

A bench comprising Chief Justice K G Balakrishnan and Justices Dalveer Bhandari and D K Jain reiterated that if a post carried pecuniary gains and perks then it is an office of profit, even if the petitioner has not drawn or availed of financial benefits.

UNI