The Supreme Court of India on 5 December 2012 dismissed the petition of Purno Sangma that challenged Pranab Mukherjee’s election to the office of the President.
The Constitution bench of Supreme Court comprising five-judges namely Chief Justice Altamas Kabir and Justices P. Sathasivam, J. Chelameswar, S.S. Nijjar and Ranjan Gogoi decided by a 3:2 majority announced the decision that the petition didn’t deserved any short of detailed trail and the court was convinced that Pranab Mukherjee was not holding any office of Profit.
Sangma’s Claim
Purno Sangma challenged the appointment of Pranab Mukherjee as the President of India in the Supreme Court of India on the ground that Mukherjee was holding the office of Council of Indian Statistical Institute – an office of profit as its chairman and thus was ineligible for being elected as the President of India.
Article 58 of the Constitution of India
The Article states that no person is eligible to be the President of India until and unless:
• He/She is the citizen of India and must have attended 35 years of age and qualifies for election as the member of the House of the people.
• The person would not be eligible for being a President of India if he/she holds any office of profit managed by Government of India or any state or a local authority or any other body may be a subject of control to any of the government. Holding any office of profit disqualifies a person from being President of India.
To hold an Office of Profit in context of the constitution means - the office should hold or yield various financial benefits like chauffeur driven car with an official accommodation.
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