JAYA BACHCHAN versus UNION OF INDIA AND ORS.
The office of Chairperson of U.P. Film Development Council carried with it a range of remunerations and facilities that constitute pecuniary gain. The relevant test is entitlement to such gain, not actual receipt. Therefore, it is an office of profit under the Government of Uttar Pradesh and attracts disqualification under Article 102(1)(a) of the Constitution.
- Parties
- Petitioner: Jaya Bachchan; Respondents: Union of India and Ors.
- Jurisdiction
- India
- Judgment Date
- 08 May 2006
- Procedural Posture
- Writ Petition (civil) No. 199 of 2006 / Final Disposition
- Outcome
- writ petition dismissed
- Legal Topics
- Disqualification of Member of Parliament, Office of Profit
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Jaya Bachchan
Petitioner
Union of India and Ors.
Respondents
Procedural Posture
Writ Petition (civil) No. 199 of 2006 / Final Disposition
Legal Issues
- 1 Whether appointment as Chairperson, U.P. Film Development Council constitutes 'holding office of profit' under the Government of Uttar Pradesh for the purposes of Article 102(1)(a) of the Constitution
- 2 Whether the non-receipt or refusal of pecuniary gain exempts the office from being considered one of profit
Ratio Decidendi
The office of Chairperson of U.P. Film Development Council carried with it a range of remunerations and facilities that constitute pecuniary gain. The relevant test is entitlement to such gain, not actual receipt. Therefore, it is an office of profit under the Government of Uttar Pradesh and attracts disqualification under Article 102(1)(a) of the Constitution.
Court Disposition
writ petition dismissed
Orders
- Writ petition dismissed.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment