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President oks Jaya Bachchan's disqualification

By Onkar Singh in New Delhi
March 17, 2006

President APJ Abdul Kalam on Thursday evening approved the disqualification of Samajwadi Party member Jaya Bachchan from the Rajya Sabha.

The Election Commission of India had disqualified her from the Upper House of Parliament since in her capacity as chairperson of the Uttar Pradesh Film Development Council chairperson she was holding an office of profit, it contended. Bachchan had been elected RS member in 2004.

The matter had gone before President Kalam for his approval before he embarked on a foreign tour last week.

EC rejects bias charge in Jaya case

President Kalam, who had been consulting constitutional experts on the matter, finally lent his signature to the order on Thursday evening, it is learnt.

The decision will now be published in the official gazette before it takes effect.

PTI adds: A Congress leader from Uttar Pradesh, Madan Mohan, had filed the disqualification petititon against Bachchan on the ground that as chairperson of the state Film Development Council she held an office of profit and attracted provisions of the Constitution in this regard.

Articles 102 and 103 of the Constitution provide for disqualification of MPs on various grounds, including holding an office of profit. Whenever a petition for the disqualification of an MP is filed, the President is mandated by the Constitution to take a decision in consultation with the Election Commission. Normally, the President goes by the recommendation of the Commission.

Bachchan has also filed a petition in the Supreme Court against the EC recommendation and sought its views on what constituted an office of profit.

Meanwhile, the Samajwadi Party-led government in Uttar Pradesh pushed through a bill seeking to take away 79 posts in various government bodies from the list of office of profit to preempt Jaya Bachchan's disqualification. State Governor T V Rajeswar has, however, withheld his consent to it.

Onkar Singh in New Delhi

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