Office of profit: VK Malhotra gets notice

The Delhi High Court on Monday issued notice to the BJP MP from south Delhi VK Malhotra on a petition seeking his disqualification from the Lok Sabha.

Malhotra was holding an office of profit in his capacity as President of the All India Council of Sports.

The petition, filed by one Mohammed Kallimullah through counsel Manoj Ohri, alleged that Malhotra had made a false declaration at the time of filing his nomination in March 2004 that he was not holding any "office of profit" as stipulated under Article 102(1)(a) of the Constitution.

Senior counsel RK Anand, appearing for the petitioner, argued that the post of the President of the All India Council of Sports was within the meaning of the "office of profit" since it carried the rank of a Cabinet Minister with all associated perks, benefits and facilities.

He argued that Malhotra should be disqualified under the Parliament (Prevention of Disqualification) Act, 1959, which barred MPs from holding the said post.

Following the submissions, Justice Vikramjit Sen issued notice to the Election Commission, Union Ministry of Sports and Youth Affairs, besides Malhotra, asking them to file replies, and posted the matter for further hearing to April five.

Incidentally, Anand, who was fielded by the Congress for the south Delhi constituency, tasted defeat at the hands of Malhotra in the same elections.