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This is an archive article published on June 14, 2006

Office-of-profit: Sword hangs over four Congress MLAs in J-K

Four Congress legislators in J-K ruling coalition are facing disqualification for holding office-of-profit and receiving salary, accommodation, transport and other facilities as Chairman and Vice-Chairman of various government corporations and boards.

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Four Congress legislators in J-K ruling coalition are facing disqualification for holding office-of-profit and receiving salary, accommodation, transport and other facilities as Chairman and Vice-Chairman of various government corporations and boards.

The J-K Law ministry has clearly opined that they face disqualification. A note submitted to the Government recently said: ‘‘the members of the State legislature who have been appointed Chairman of various corporations/boards do not fall under section 3 of the Jammu and Kashmir State Legislature (Prevention of Disqualification) Act, 1962. They are in receipt of the receivables and have incurred disqualification under section 69 of the State Constitution’’.

The ministry, however, told the government that ‘‘the Parliament has recently amended corresponding central laws on the subject and incorporated more offices which will not attract disqualification’’ and advised that ‘‘we may also fall in with the national policy and amend the Jammu and Kashmir State Legislature (Prevention of Disqualification) Act, 1962 accordingly so as to avoid disqualification of members’’ holding office-of-profit. The four legislators are, Abdul Rashid Dar (MLA, Sopore) appointed as Chairman, J&K Handicrafts (Sales and Export) Corporation with minister of state (MoS) status, G M Saroori (MLA, Inderwal), Chairman, J&K Social Welfare Advisory Board with MoS status, Girdhari Lal (MLA, Hiranagar) Vice-Chairman, J&K Advisory Board for Welfare and Development of Schedule Castes with MoS status and Mohamamd Shafi Bhat (MLA Amirakadal) who was appointed to J&K Agro Industries Corporation with Cabinet minister status. The four had announced their resignation soon after the office of profit controversy.

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But they continued to hold the posts as the government did not take any decision on them and no order regarding their resignation or withdrawal of status and perks was issued.

Sources reveal that the resignations were meant for the media only as officially they continued to enjoy the status and were entitled to all the perks.

‘‘I know they had announced their resignation but I don’t know whether it was accepted or not,’’ Deputy CM and Law minister Muzaffar Hussain Beig told The Indian Express. ‘‘If they have not quit the posts after the Supreme Court ruling, they stand disqualified.’’ When contacted Abdul Rashid Dar said he had submitted his resignation. ‘‘But I don’t know what happened to it. I believe the government has not accepted it as yet,’’ he said. ‘‘Our fate is hanging in the balance, we are neither here nor there.’’ Girdhari Lal, and G M Saroori too said that they had resigned but did not know whether their letter had been accepted or not.

The Speaker of J-K Legislative Assembly Tara Chand said that he had sought the opinion of the Law department on the issue. ‘‘I have not received their opinion as yet,’’ he said.
Mail the author at muzamiljaleel@yahoo.com/ muzamil.jaleel@expressindia.com
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