ORDER

The challenge in this petition filed under Article 32 of the Constitution of India, is to the order of the Hon’ble President of India, dated 16th March, 2006, whereby, in exercise of powers conferred under clause (1) of Article 103 of the Constitution of India, the Hon’ble President has decided, after obtaining the opinion of the Election Commission as required by Article 103(2), that the petitioner stands disqualified for being a Member of the Rajya Sabha on and from 14th day of July, 2004. The challenge is also to the opinion dated 2nd March, 2006 rendered by the Election Commission to the Hon’ble President, under clause (2) of Article 103, that the petitioner became disqualified under Article 102(1)(a) of the Constitution for being a Member of the Rajya Sabha on and from 14th July, 2004 on her appointment by the Government of Uttar Pradesh as Chairperson of the U.P. Film Development Council.

2. The Government of Uttar Pradesh, by official Memorandum dated 14.7.2004, appointed the petitioner as the Chairperson of Uttar Pradesh Film Development Council (for short ‘the Council’) and sanctioned to her the rank of a Cabinet Minister with the facilities as mentioned in O.M. No. 14