Tuesday, April 13, 2010
mani shankar aiyer may lose RS seat
MANI SHANKAR AIYER IS IN SERIOUS TROUBLE?
MAY LOSE RAJYA SABHA ON FFICE OF PROFIT ISSUE?
Was Mani Shankar Aiyar holding an office of profit
when he was chosen as Presidential nominee for the
Rajya Sabha? Saroj Nagi of Hindustan Times
writes that Mani Shankar AIyer
who is expected to take oath
as a member of the Upper House on April 15,
resigned as honorary advisor of the Bureau of
Parliamentary Studies and Training (BPST) after
his nomination was announced on March 19 and
notified on March 22.
Two factions of Tamil Nadu Congress are happy
that Mani Shankar is in trouble. As a matter of
fact, one section of TNCC, is encouraging
a legal expert to write to President of India
to disqualify Mani shanker.
Since she has nominated him, there are also possibility
of an excuse, that Mani may be pardoned, and asked to
Aiyar could face trouble if his nomination is
challenged, as any resignation is considered
effective only from the date it is sent/received
by the presiding officer. In Aiyar’s case, the
letter, in which he said he is resigning his seat
with effect from March 19, is dated March 27.
Holding an office of profit at the time of being
chosen a member of the House can invite
Article 102 of the Constitution says that a person
shall be disqualified for “being chosen as and for being
a member” of either House of Parliament if he holds any
office of profit under the Gover
nment of India or the
Government of any state.
As an honorary advisor of BPST, Aiyar got an honararium
and government accommodation and, therefore, held an
office of profit. The position is not among the posts
exempted as an office of profit under Parliament
(Prevention of Disqualification) Act.
“I know of no infirmity in my nomination nor have
I any information of any objection having been made.
If any objections are raised, they shall of course be
answered,” Aiyer told media.
In not fool-proofing Aiyar’s nomination, the Congress
may also have put the office of the President in an
The Congress leader was abroad when his name was
announced for the Upper House. But on his way through
Delhi on March 26, he sent his resignation letter.
In 2006, the party had put its president, Sonia Gandhi,
in an embarrassing position when it failed to ensure that
the chairmanship of the National Advisory Council was exempted
as office of profit. Gandhi quit the NAC, resigned her Lok
Sabha seat and sought re-election.