news details |
|
|
| SC issues notices on petition against Office of Profit Act | | |
New Delhi, Sep 14 The Supreme Court today issued notices to
the Centre, Election Commission of India, Chief Election
Commissioner and the two Election Commissioners on a petition
challenging the constitutional validity of the Parliament
(Prevention of Disqualification) Amendment Act 2006 (act no 31 of
2006) brought in to protect the MPs who were facing disqualification
proceedings for holding Office of Profit.
The petition filed by Consumer Education and Research Society has
prayed to the court to stay the retrospective operation of the
impugned Act and also seek directions restraining respondent no two
to five from dealing with complaints filed against several MPs which
are pending before the Election Commission, on the basis of
retrospective effect.
A bench comprising Mr Justices Arijit Pasayat and S H Kapadia
made the notices returnable within eight weeks.
Earlier former Attorney General Soli J Sorabjee appearing for the
petitioner contended that the impugned Act was aimed at protecting
about 40 MPs who include several Cabinet Ministers and Lok Sabha
Speaker Somnath Chatterjee who are facing disqualification for
holding Office of Profit during their tenure as MPs and is violative
of articles 14, 102 (1) (a) and 103 of the Constitution.
In all, 55 Offices of Profit have been taken out of the ambit of
the definition of the Office of Profit.
President A P J Abdul Kalam had returned the Bill for
reconsideration by the Parliament and the Bill was returned by the
government without making any changes. Later the President gave his
consent to the Bill.
The petitioner has also pleaded for striking down of the Act as
unconsitutional.
The Office of Profit controversy started with the
disqualification of Samajwadi Party MP Jaya Bachchan from Rajya
Sabha. Later Congress President Sonia Gandhi had
to resign from Lok Sabha and recontest fom Amethi.
Sonia Gandhi had to resign as Chairperson of National Advisory
Council (NAC).
The court also directed to tag the petition with another petition
pending in the court on the same issue for hearing. |
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
