ORDER The challenge in this petition filed under Article 32 of the Constitution of India, is to the order of the Honble President of India, dated 16th March, 2006, whereby, in exercise of powers companyferred under clause 1 of Article 103 of the Constitution of India, the Honble President has decided, after obtaining the opinion of the Election Commission as required by Article 103 2 , that the petitioner stands disqualified for being a Member of the Rajya Sabha on the From 14th day of July, 2004.
The challenge is also to the opinion dated 2nd March, 2006 rendered by the Election Commission to the Honble President, under clause 2 of Article 103, that the petitioner became disqualified under Article 102 1 a of the Constitution for being a Member of the Rajya Sabha on and from 14th July, 2004 on her appointment by the Government of Uttar Pradesh as Chairperson of the U.P. Film Development Council.
14/1/46/87 C. Ex.
The Commission also found that Section 3 of the Parliament Prevention of Disqualification Act, 1959 did number exempt the said office of profit from disqualification under Article 102 1 a of the Constitution.
600 per day within the State and Rs.
750 outside the State.
The petitioner companytends that in the absence of any finding by the Election Commission that she had received any payment or monetary companysideration from the State Government, she companyld number be said to hold any office of profit under the State Government and, therefore, her disqualification was invalid.
The petitioner companytends that the post of Chairperson of the Council, and the companyferment of the rank of Cabinet Minister, were only decorative that she did number receive any remuneration or monetary benefit from the State Government that she did number seek residential accommodation, number used telephone of medical facilities that though she travelled several times in companynection with her work as Chairperson, she never claimed any reimbursement and that she had accepted the Chairpersonship of the Council honorarily and did number use any of the facilities mentioned in the O.M. dated 22.3.1991.
The benefits to which she became entitled, as a companysequence, are Honorarium of Rs.
5,000 per month Daily allowance Rs.
1 dated 22.3.1991 as amended from time to time .
The Government of Uttar Pradesh, by Official Memorandum dated 14.7.2004, appointed the petitioner as the Chairperson of Uttar Pradesh Film Development Council for short the Council and sanctioned to her the rank of a Cabinet Minister with the facilities as mentioned in O.M. No.
