The post of profit refers to a term for which salary allowances or other facilities are available. The Indian constitution clearly mentions that if a public representative holds a post of profit, it will be declared disqualified.
Under Article 102-1 of the Indian Constitution, it has been clarified that no MP or MLA can hold any position under which any salary, allowance or other benefits are received. Similarly, Article 191-1A of the Indian Constitution and the 9A of the Representation of People Act have also been stopped by the MPs and MLAs for availing other benefits. Whenever a case of profit is brought to light, the President sends the case to the Election Commission. The President accepts the recommendation of the Election Commission.
Case of declaring disqualification of 20 legislators of Delhi Assembly in favor of post of profit:
Elections for Delhi assembly were held in February 2015 in which the Aam Aadmi Party got 67 out of 70 seats.
Of these 67 MLAs, 21 MLAs were given the post of Parliamentary Secretary in all the Ministries of Delhi Government.
Since the post of parliamentary secretary comes under the purview of profit, so complaints against these 21 MLAs of Aam Aadmi Party have been complained.
The President sent this case to the Election Commission. The Election Commission has recently recommended the President to disqualify these legislators that the President has accepted. This decision will apply only to 20 of your MLAs, because one of your MLA Jarnail Singh had already submitted his resignation to contest the assembly elections in Punjab.
What is left of the remaining MLAs next to the disqualified MLAs?
Disqualified MLAs in the matter of profit now have the remaining way to go to the high court. They can also go to the Supreme Court against the order of the High Court.
If there is no legal problem then the President's order will be implemented and 20 MLAs will be disqualified.
All these 20 seats will be held within six months. If more time is taken from the court then the by-election may take more than 6 months.
Conclusion:
It can be concluded that no public representative can remain in the post of profit. The post of parliamentary secretary comes in the post of profit, so the decision to disqualify your MLAs is in line with the constitution.
