New Delhi, March 17
President A.P.J. Abdul Kalam today accepted the Election Commission's recommendation to disqualify Samajwadi Party's Rajya Sabha MP Jaya Bachchan on the grounds that she was holding an office of profit as Chairperson of the Uttar Pradesh Film Development Council.
The disqualification by the President follows the recommendation of the Election Commission and takes retrospective effect from July 14, 2004, when she was appointed to the film development council
post. She was elected to Rajya Sabha a month earlier.
"Having carefully considered the facts on record as contained in the opinion of the Election Commission and being fully satisfied therewith, the President has disqualified Ms Jaya Bachchan from her Rajya Sabha membership," an official release said, giving the President's decision on a petition for disqualification filed by a Congress leader Madan Mohan Shukla.
The President signed the notification last evening, the release said.
The Commission had said that Ms Bachchan became disqualified under sub-clause (a) of Clause 1 of Article 102 of the Constitution from July 14, 2004 following her appointment by the Uttar Pradesh Government as Chairperson of the state film development council.
Under Article 102 and 103 of the Constitution, which provides for the disqualification of MPs on various grounds, the President decides when a question arises in this regard in consultation with the EC.
After the President's decision, the Commission will have to hold a byelection to the vacancy arising out of her disqualification.
While one petition has been filed against Samajwadi Party leader Amar Singh, the TDP has petitioned the President against Sonia Gandhi on the grounds that she held an office of profit by virtue of being the Chairperson of the National Advisory Council, Rajiv Gandhi Foundation aided by the government, Indira Gandhi and Jawaharlal Nehru Memorial Trusts.
The TDP has also sought the disqualification of Union Minister T Subarami Reddy and Dr Karan Singh.
Even during the election process, Mr Shukla had filed a petition against her seeking the disqualification of her candidature. But she resigned from the post and was re-appointed after her election.
Ms Bachchan has filed a petition in the Supreme Court against the EC
recommendation and sought its views on what constituted an office of profit.
