Indore, June 24: In a landmark judgement, the Indore High Court has declared that the post of MLA cannot be considered as an "office of profit" under the government and a person is eligible to hold the office of the mayor of a city along with the MLA. Pronouncing the judgement, 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 MLA he is holding the office of a profit under the government and therefore cannot become a mayor. The petition was earlier dismissed by the lower court, following which Jain has filed a revision petition in the high court under Schedule 191(1)(A) of the Indian Constitution.
The court ruled that the post of the MLA under no circumstances can be considered as a post of profit under the government.
An MLA never discharges his duties for the government or through the government nor did the government has any control over his activities, the court ruled. Similarly, an MLA is never appointed by the government nor did the government have any powers pertaining to disciplinary/ suspension/removal against the MLA, it said.
The defence counsel advocated that the post of MLA is not included in the list of the MP Assembly Members Act 1967, which means that the post of the MLA is the post of profit under the government. Bureau Report