The Election Commission (EC) is reported to have recommended the disqualification of Samajwadi Party Member Parliament Jaya Bachhan to the President of India. She is likely to lose her Rajya Sabha  seat on the ground of holding an office of profit as Chairperson of UP Film Development Board.

Under the Constitution, the President is the supreme power to decide whether a sitting member (of either Rajya Sabha or Lok Sabha) has incurred disqualification in consultation with the EC.

Any Govt. office or post which brings pecuniary, administrative, executive, or other powers to its occupant constitutes an office of profit, which an MP is not supposed hold unless the law makes an exemption.

"Even if a person does not draw a salary while occupying such a post, he or she will still be considered to be holding an office of profit because of the administrative and financial powers that flow with the position. Not drawing a salary is no exemption," said GC Malhotra, Former Secretary General of Lok Sabha without expressly referring to Jaya Bachchan's controversy.

The Election Commissioner's recommendation has come in the picture after the President's Office forwarded a complaint (to the EC) filed by a person namely Madan Mohan, who was likely to lose a candidature against Jaya in the RS election from Uttar Pradesh. He had filed the complaint in last October and the Commission.

The complaint was filed under Article 102 and 103 of the Indian Constitution, which bars an MP from holding any office of profit under the Government of India or in any state other than an office declared by Parliament by law not to disqualify its holder.
 
The President has received a formal recommendation, who after making proper consultation with the law experts, shall decided what action he should take,
 
A similar petition is pending against another SP Rajya Sabha MP - Amar Singh, who is also the party's General Gecretary.

However, the Rajya Sabha's Secretary General Yogendra Narain denied to have received any official communication regarding the disqualification of Jaya Bachchan.

"I am surprised by the EC's recommendations, as it has only picked up only Jaya Bachchan while ignoring Congress leaders who are holding office of proift inspite of being MPs," UP Chief Minister Mulayam Singh Yadav said.

"Besides Sonia, who is also heading the Jawaharlal Nehru Trust, Indira Gandhi Trust, and Rajiv Gandhi Foundation,  he said, there were others like Karan Singh who has recently been made chairman of Indian Council of Cultural Relations".

If this law point takes a serious turn, it shall involve many MPs and would embarrass them.