This is a discussion on Apex court admits disqualified legislators' plea within the Bad Response or Bribe forums, part of the Government Department category; The Supreme Court Wednesday admitted special leave petitions filed by two disqualified legislators, challenging a court order that unseated them ...
The Supreme Court Wednesday admitted special leave petitions filed by two disqualified legislators, challenging a court order that unseated them for holding an "office of profit" while contesting assembly polls.
The petitions by Bharatiya Janata Party (BJP) legislators D.R. Mandrekar and R.V. Ariekar challenged a judgement of the Goa bench of the Bombay High Court that unseated them for holding an "office of profit" at the time of contesting the May 2002 assembly polls.
Chief Justice R.C. Lahoti and Justice P.K. Balasubramanyan also gave limited relief to the two legislators by allowing them to sign and attend the assembly without any voting rights or salary.
The bench asked the two Nationalist Congress Party (NCP) legislators - C. U. Chodankar and Jose Philips D'Souza - on whose petitions the high court had set aside the elections of the BJP legislators, to file their response to the petitions.
While Mandrekar was chairman of the Khadi and Village Industries Board, Ariekar was chairperson of the Goa State Scheduled Castes and Other Backward Classes Finance and Development Corp.
They had said the high court had failed to consider that for an office of profit it was essential that remuneration involving an element of pecuniary gain should be attached to the said office and the holder of the said office should be entitled to the benefit.
Pointing out that in the present case, as chairman and chairperson, they were not entitled to any benefits. Therefore, they had sought quashing of the impugned judgement.