Indore HC rules MLA’s post isn’t ‘office of profit’

In a landmark judgment, the Indore High Court has declared that the post of MLA cannot be considered a ‘‘office of profit’’ under the government and a person is eligible to hold the office of Mayor along with that of MLA.

HC Judge Abhay Kumargohil yesterday 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 was holding an office of profit under the government. The court ruled that the MLA’s post under no circumstances can be considered a post of profit. ‘‘An MLA never discharges his duties for the government or through the government nor has the government any control over his activities,’’ the court said.

An MLA is never appointed by the government nor does it have any powers pertaining to disciplinary/ suspension/removal against the MLA, it added.

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The Defence counsel argued that the post of MLA is not included in the list of the MP Assembly Members’ Act 1967, which means it is a post of profit under the government.

Rejecting the argument, the court ruled that in the absence of any mention of the post in the Act, it would be construed that the post of MLA is not a post of profit and, therefore, it was kept outside the list in the Act.