JAYA BACHCHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The challenge in this petition filed under Art. 32 of the Constitution of India, is to the order of the Hon'ble President of India, dated 16.03.2006, whereby, in exercise of powers conferred under cl. (1) of Art. 103 of the Constitution of India, the Hon'ble President has decided, after obtaining the opinion of the Election Commission as required by Art. 103(2), that the petitioner stands disqualified for being a member of the Rajya Sabha on and from 14.07.2004. The challenge is also to the opinion dated 2.03.2006 rendered by the Election Commission to the Hon'ble President, under cl. (2) of Art. 103, that the petitioner became disqualified under Art. 102 (1)(a) of the Constitution of India for being a member of the Rajya Sabha on and from 14.07.2004 on her appointment by the Government of Uttar Pradesh as Chairperson of the U.P. Film Development Council.

(2.) The Government of Uttar Pradesh, by Official Memorandum dated 14.07.2004, appointed the petitioner as the Chairperson of Uttar Pradesh Film Development Council (for short the Council') and sanctioned to her the rank of a Cabinet Minister with the facilities as mentioned in O.M. No.14/1/ 46/87-C.Ex. (1) dated 22.03.1991 (as amended from time to time). The benefits to which she became entitled, as a consequence, are :

(3.) The Election Commission, after referring to the facts and the law enunciated by this Court in several decisions, has expressed the opinion that the office of Chairperson of the Council to which the petitioner was appointed by the State Government by O.M. dated 14.07.2004, on the terms and conditions specified therein, is an "office of profit" under the Government of Uttar Pradesh for purposes of Art. 102(1)(a) of the Constitution of India. The Commission also found that Sec. 3 of the Parliament (Prevention of Disqualification) Act, 1959 did not exempt the said office of profit from disqualification under Art. 102(1)(a) of the Constitution of India.