The Hindu : An MLA can be a Mayor: HC

Online edition of India's National Newspaper
Wednesday, Jun 25, 2003

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National

An MLA can be a Mayor: HC

Indore June 24 . In a landmark judgment, the Indore High Court has declared that the post of MLA cannot be considered an ``office of profit'' under the Government and a person is eligible to hold the office of Mayor of a city even while being an MLA.

Pronouncing the judgment, the High Court judge, Abhay Kumar Gohil, yesterday also dismissed the revision petition filed in this regard by one Bhanu Kumar Jain against the Indore Mayor and BJP MLA, Kailash Vijaywargiya, challenging his election as Mayor on the ground that as an MLA he was holding an office of a profit under the Government and therefore cannot become a Mayor.

The petition was earlier dismissed by the lower court, following which Mr. Jain filed a revision petition in the High Court under Schedule 191(1)(a) of the Constitution.

An MLA never discharged his duties for the Government or through the Government. Neither did the Government have any control over his activities, the court ruled.

Similarly, an MLA was never appointed by the Government and the Government did not have any powers pertaining to disciplinary action/ suspension/ removal against the MLA, it said.

PTI

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