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I WOULD LIKE TO SHARE MY RESEARCH PROJECT, THIS IS MOOT CASE, PRESENTED ON BEHALF

OF RESPONDENT IN THE CASE OF JAYA BACHCHAN (APPELLANT) VS. UNION OF INDIA AND

OTHERS (RESPONDENT ). THIS IS FOR RESEARCH PURPOSES ONLY AND I HAD TO GIVE THIS AS A

RESEARCH PROJECT IN MY COLLEGE. I WOULD LIKE TO SHARE THIS LITTLE WORK OF MINE WITH

YOU.

THANK YOU

ROHIT DONGRE

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IN THE HON’BLE SUPREME COURT OF INDIA

Case Concerning
Holding office of profit (The Constitution of India)

JAYA BACHCHAN

(Appellant)

Vs.

UNION OF INDIA AND OTHERS

(Respondent)

ON SUBMISSION TO THE HON’BLE

SUPREME COURT OF INDIA
MEMORIAL ON BEHALF OF THE RESPONDENT

SUBMITTED BY:
ROHIT DONGRE
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TABLE OF CONTENTS

INDEX OF

AUTHORITIES……………………………………………………………........................
 Judicial Decisions…………………………………………………………………….…03
 Statutes and other authorities……………………………………………….…………03
 Books……………………………………………………………………………….……03
 Dictionaries…………………………………………………………………….………..03
 Websites…………………………………………………………………………….…...03
ABBREVIATIONS…...………………………………………………………….……………....…04
STATEMENT OF FACTS..................................................................................................................05
QUESTIONS PRESENTED................................................................................................................06
SUMMARY OF

ARGUMENTS...........................................................................................................07
__________________________________________________________________
___________________

WRITTEN SUBMISSION………………………………………………………….…...……..08-12
______________________________________________________________________________

PRAYER FOR RELIEF………………………………………………………………………13

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INDEX OF AUTHORITIES

JUDICIAL DECISIONS

National Judgments

STATUTORY AND OTHER AUTHORITIES

1. The Constitution of India

BOOKS
1. AQUIL AHMAD, MOHAMMEDAN LAW

DICTIONARIES
1. BLACK’S LAW DICTIONARY (West Group Publishers, 2002)
2. THE LAW LEXICON, BAKSHI, P. M., Ashoka Law House, New Delhi.

WEBSITES
1. www.manupatra.com
2. www.indiankanoon.com

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LIST OF ABBREVIATIONS

A.C…………………………………………………………………………………...Appeal Cases
AIR……………………………………………………………………………..All India Reporter
Ed...…………………………………………………………………………………………Edition
LJ……………………………………………………………………………………...Law Journal
LR……………………………………………………………………………...………Law Report
No………………………………………………………………………………………….Number
Ors…………………………………………………………………………………………..Others
P……………………………………………………………………………………..Page Number
QB………………………………………………………………………………..….Queens Bench
SC………………………………………………………………………………….Supreme Court
v……………………………………………………………………………………………..versus
Vol…………………………………………………………………………………………Volume
www……………………………………………………………………………...world wide web

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STATEMENT OF FACTS

1. Jaya Bachchan was member of Rajya Sabha.

2. On 14.7.2004 the Government of Uttar Pradesh, by an Official
Memorandum, appointed petitioner as the Chairperson of Uttar Pradesh
Film Development Council and sanctioned to her the rank of a Cabinet
Minister.
3. To which the Petitioner filed a Petition under Article 32 of the Constitution
of India

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QUESTIONS PRESENTED

ISSUES

 Whether the Disqualification of the Petitioner under Article 102(1) (a) of

the Constitution of India was Valid or Not?

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SUMMARY OF ARGUMENTS

 Whether the Disqualification of the Petitioner under Article 102(1) (a) of

the Constitution of India was Valid or Not?

The petitioner was enjoying office of profit under Article 102 (1)(a), as she was
being appointed as Chairperson of Uttar Pradesh Film Development Council by
Government of Uttar Pradesh.

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WRITTEN SUBMISSIONS

CONTENTION NO-1

 Whether the Disqualification of the Petitioner under Article 102 (1)(a) of

the Constitution of India was Valid or Not?

Now considering Article 102 (1) (a) of the Constitution of India which is as
follows-
Article 102-
(1) A person shall be disqualified for being chosen as, and for being, a member of
either House of Parliament

(a) If he holds any office of profit under the Government of India or the
Government of any State, other than an office declared by Parliament by law not to
disqualify its holder.

Also the petitioner got certain facilities and benefits after being appointed as
Chairman of Uttar Pradesh Film Development Council that are-

(i) Honorarium of Rs. 5,000/- per month;

(ii) Daily allowance @ Rs. 600 per day within the State and Rs.750/- outside
the State.
(iii) Rs. 10,000/- per month towards entertainment, expenditure.
(iv) Staff car with driver, telephones at office and residence, one P.S., one
P.A. and two class IV employees.
(v) Body Guard and night escort.

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(vi) Free accommodation and medical treatment facilities to her and family
members.
(vii) Free accommodation in government circuit houses/guest houses and
hospitality while on tour.

An office of profit is an office which is capable of yielding a profit or pecuniary

gain. Holding an office under the Central or State Government, to which some pay,
salary, remuneration or non-compensatory allowance is attached, is 'holding an
office of profit'.

Payment of honorarium, in addition to daily allowances in the nature of

compensatory allowances, rent free accommodation and chauffeur driven car at
State expense, are clearly in the nature of remuneration and a source of pecuniary
gain and hence constitute profit.

For deciding the question as to whether one is holding an office of profit or not,
what is relevant is whether the office is capable of yielding a profit or pecuniary
gain and not whether the person actually obtained a monetary gain. If the
"pecuniary gain" is "receivable" in connection with the office then it becomes an
office of profit, irrespective of whether such pecuniary gain is actually received or
not. If the office carries with it, or entitles the holder to, any pecuniary gain other
than reimbursement of out of pocket/actual expenses, then the office will be an
office of profit for the purpose of Article 102(1)(a).

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PRAYER

Wherefore, in the light of facts of the case, issues raised, arguments advanced and authorities
cited, this Court may be pleased to adjudge and declare that:

a) As the Petitioner held Office of Profit under Article 102(1)(a) of the

Constitution of India, and hence the membership of Rajya Sabha should be
disqualified

Hence it must set the earlier decision and not pass any other further order(s), as this Hon'ble
Court may deem fit and proper under the circumstances of the case, in the interest of equity,
justice and good conscience.

All of which is respectfully submitted.

Place: New Delhi Rohit Dongre

Date: 7th April, 2015 (On behalf of the Respondent)

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