Tuesday, April 13, 2010

mani shankar aiyer may lose RS seat



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 
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.

1 comment:

V Balasubramanian said...

Very sad to learn that Aiyar might have to face trouble. I am an ardent fan of Aiyar and I felt happy at his nomination.


Hope he overcomes this obstacle.