Puducherry: Opposition parties in Puducherry including AIADMK and BJP sought the disqualification of Congress and DMK MLAs for holding offices of profit on the lines of the disqualification of 20 MLAs of Delhi's ruling Aam Aadmi Party.
Both AIADMK and BJP said they would approach Election Commission of India seeking the disqualification of the legislators.
At the same time it is to be noted that unlike Delhi, the Union Territory of Puducherry has separate acts including 'The Puducherry Members of Legislative Assembly (Prevention of Disqualification Act), 1994' and Parliamentary Secretary (Payment of Special Allowance and Prevention of Disqualification Act) 1971, which clearly states that MLAs cannot be disqualified for holding office of profit.
'The Puducherry Members of Legislative Assembly (Prevention of Disqualification Act), 1994' states that certain offices of profit under government shall not disqualfy the holders thereof for being chosen as, or for being members of the legislative assembly of Puducherry.
"The government have established some corporations which have been registered under the Companies Act and also some non-statutory boards like Puducherry Legal Aid and Advice Board. It is considered that some elected representatives may also be appointed as chairman or vice chairman of the board of directors or Director or members in such corporations and boards and such office might be included in the said bill and so that no disqualification shall be attracted," the act further said clearly stating the names of corporations and boards which comes under the jurisdiction of the Act.
As per the Parliamentary Secretary (Payment of Special Allowance and Prevention of Disqualification Act) 1971 the office of parliamentary secretary shall not disqualify the holder for being chosen as or being the member of the legislative assembly of Puducherry.
The Act also says that the member of legislative assembly who has been appointed as the Parliamentary Secretary should be provided with special allowance of Rs 1,500 per month in addition to the salary and other allowance to which he is entitled from the time to time as such member.
The MLAs in the ruling Congress party and the alliance partner DMK, are holding positions like the parliamentary secretary to the chief minister, and chairman and managing director of quasi-government agencies.
