A person can hold the offices of mayor and member of legislative assembly at the same time, the Indore high court ruled on Tuesday.
The post of MLA cannot be considered an 'office of profit' under the government, it said.
Pronouncing the judgment, Judge Abhay Kumar Gohil also dismissed the revision petition filed in this regard by one Bhanu Kumar Jain against the Indore Mayor and Bharatiya Janata Party MLA, Kailash Vijaywargiya.
The petition said that as an MLA, Vijaywargiya is holding an office of profit under the government and hence cannot be elected mayor.
The petition was earlier dismissed by a lower court, following which Jain had filed a revision petition in the high court under Schedule 191(1)(a) of the Constitution.
An MLA never discharges his duties for the government or through the government, nor does the government has any control over his activities, the court ruled.
Similarly, an MLA is never appointed by the government nor does the government have any powers pertaining to suspension/removal of the MLA, it said.
