mani shankar aiyer may lose RS seat

15-4-2010

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

continue.

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 

disqualification.

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 

embarrassing position.

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.