New Delhi: The Supreme Court on Monday dismissed actress-politician Jaya Bachchan's petition challenging her disqualification as Rajya Sabha MP on the Election Commission's recommendation for holding an office of profit.
A Bench headed by Chief Justice Y K Sabharwal said that the law on this issue is settled since 1954, and what is material is not whether the person actually received any remuneration or pecuniary gains, but whether the office he or she holds is itself of profit.
"In this view, the question whether the petitioner (Jaya Bachchan) actually received any pecuniary gain is not material..." the Bench. "We do not find any merit in the petition," it said.
Senior counsel Fali Nariman had requested the court to clarify the position as there were several cases pending before the Election Commission.
Bachchan had sought declaring as "null and void" the President's order and EC's opinion recommending her disqualification as member of the Rajya Sabha contending that she never made actual pecuniary gains from the alleged office of profit in her position as Chairperson of Uttar Pradesh Film Development Corporation (UPFDC).
In her petition, Bachchan had said that the cases decided by the apex court under Article 102(1)(a) and Article 191(1)(a) of the Constitution held that even where a post or office carries remuneration or pay, in the absence of proof of any actual pecuniary gain to the holder from that office, the holder cannot be said to be holding "an office of profit".
Bachchan was disquaified as a member of Rajya Sabha on March 16. Her disqualification was with retrospective effect from July 14, 2004, ten days after her election on July 4, 2004 when she was appointed to the Film Council post.
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