Allahabad: The Allahabad High Court on Tuesday
ruled that a full-time member of a District Consumers` Forum
cannot contest elections.
The court observed that their taking part in polls would
amount to abuse of the position and the continuance of such a
person in office would not be in public interest.
The order was passed by a division bench comprising
Justices Sunil Ambawani and Kashi Nath Pandey on a writ
petition of Umme Ammara, who was removed from the post of a
full-time member of the consumers` forum of Jyotiba Phule
Nagar district by the Uttar Pradesh government on 07.09.2009.
The government order, whereby she was removed from the
post, had stated that the action was taken in view of the fact
that she contested elections from Amroha assembly constituency
in 2007 despite continuing to hold the post.
It was pleaded on behalf of the petitioner that while
holding the post, she was not receiving any pecuniary gain and
hence it did not amount to an "office of profit" as defined in
the Supreme Court`s order in a case involving Jaya Bachchan.
However, the court turned down her petition citing
provisions in the UP Consumer Protection Rules.
The petitioner, by taking part in the elections while
continuing to be a member of the District Consumer`s Forum,
had abused her position and hence her continuance in office
would not be in public interest, the court held.