New Delhi, August 17
Rumours that the Election Commission has disqualified 37 MLAs, including the Punjab Chief Minister, for holding offices of profit, sparked hectic political activity today, with Capt Amarinder Singh cutting short his visit and rushing to Chandigarh.
The Shiromani Akali Dal (SAD) virtually celebrated the fall of the Congress government as it had been reduced to a minority in the 117-member Assembly.
Chief Election Commissioner N. Gopalaswami said the poll panel had not taken any such decision so far.
He said the commission had only sought some additional information from the petitioners, Capt Kanwaljit Singh of the SAD, Mr Prashant Kumar of the BJP and Mr Dilip Singh Pandhi, to substantiate their allegations against the 37 MLAs that they were holding offices of profit.
Apart from the Punjab MLAs, the disqualification sword dangled above the heads of 200 MLAs and 40 MPs, including Lok Sabha Speaker Somnath Chatterjee.
The poll panel had disqualified actress Jaya Bachchan of the Samajwadi Party for holding an office of profit, but the petition against Congress president Sonia Gandhi had been declared
in fructuous as she resigned from the Lok Sabha.
The unconfirmed report gained ground, with President A.P.J. Abdul Kalam taking his time to sign the Bill, which Parliament had resent after reconsidering his suggestions.
The Bill being unlikely to be signed by Dr Kalam at the earliest gained ground, with the Lok Sabha today setting up a Joint Parliamentary Committee (JPC), which would comprehensively look into the office of profit issue.
It had been asked submit its report by the first day of the last week of the next session of Parliament, scheduled to be held in November and December.
The committee, comprising 10 members from the Lok Sabha, to be nominated by the Speaker, and five from the Rajya Sabha, to be named by the Chairman of the House, would examine the constitutional and legal
positions relating to the office of profit
Bill. The motion was approved amidst uproar from members of the opposition and the CPI over the hurry with which it was tabled for approval.BJP-led Opposition members later walked out in protest.
Parliamentary Affairs Minister Priyaranjan Dasmunsi defended the move, saying the government was only fulfilling a commitment made in Parliament while passing the Prevention of Disqualification of MPs Bill.
Moving the motion, Law Minister H.R. Bhardwaj said the terms of reference of the committee would also be to examine the feasibility of the adoption of a system of law relating to the prevention of disqualification of MPs as existing in the UK and considered by the Constitution (42nd Amendment) Act, 1976.
The committee would suggest a comprehensive definition of the office of profit while examining it in the context of settled
interpretation of this expression under Article 102 of the Constitution.
The committee had been asked to recommend in relation to the office of profit issue the evaluation of generic and comprehensive criteria which were just, fair and reasonable and could be applied
to all states and union territories.
It had been asked to make a report to the Lok Sabha by the first day of the last week of the next session.
Mr Bhardwaj drew the ire of the NDA and Left parties when he left immediately after tabling the resolution for setting up the
committee.
Opposition parties, led by Mr V.K. Malhotra of the BJP, walked out of the House and protested against presiding officer Balasaheb Vikhe Patil’s decision not to allow members from speaking on the resolution.
Talking to mediapersons later, Mr Malhotra insisted that the setting up of a JPC in this regard had vindicated his party’s stand that there had to be a clear definition of what qualified to be an office of profit.
The panel should aim to address concerns raised by the President and set out uniform standards and definition for what
constituted an office of profit, he said.
