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Lack of Qualification viz Caste, Age, etc

  

3 files

  1. Ref. Case 2(G) of 2017- A petition filed by Shri Ramlal Kol and Banhshilal Dhanwal UnderArticle 192(2) of the Constitution of India – seeking disqualification of Shri Moti Kashyap, MLA- Commission’s Opinion 16.05.17 & Hon’ble Governor of MP Order 01.07.17

    OPINION DATED 16.05.2017- REFERENCE FROM HON’BLE GOVERNOR OF MADHYA PRADESH ORDER DATED 01.07.2017- DISQUALIFICATION OF SHRI MOTI KASHYAP, MLA
     
    Allegation of Disqualification- for- furnishing false Scheduled Tribe Certificate- for election to No.91 Barwara, Katni assembly constituency reserved for Scheduled Tribes.
    Constitution of India- Article 191(1) - Held-question of lack of qualification to contest election cannot be raised before the Governor under this Article.
    The Election Commission of India has no jurisdiction to express any opinion on the question of alleged lack of qualification.
    Decision: Not maintainable.

    50 downloads

    Submitted

  2. Ref. Case 7(G) of 2018- Disqualification of Shri Sahib Saini, MLC of UP under clause (2) of Article 192 of the - Commission's Opinion dated 14.09.18 and Hon'ble Governor of UP Order dated 03.10.18

    COMMISSION’S OPINION DATED 14.09.2018- REFERENCE FROM HON’BLE GOVERNOR OF UTTAR PRADESH ORDER DATED 03.10.2018- DISQUALIFICATION OF SHRI SAHAB SINGH SAINI, MLC
    Allegation of disqualification- for- furnishing false information on affidavit filed along with nomination paper
    Constitution of India- Article 192(2) - Representation of People Act, 1951- Section 125A- Held- not guilty- for filing of false affidavit or illegally entering into second marriage
    The Election Commission opined that there was no statutory provision which provides for disqualification for filing a false affidavit or for illegally entering into second marriage during the subsistence of the first marriage, thus, the Respondent was not disqualified. However, it was held that the Government of Uttar Pradesh may take appropriate action in accordance with law to ensure that enquiry under Section 125 of the Representation of People Act, 1951 reach a conclusion within reasonable time.
    Decision: not maintainable

    61 downloads

    Submitted

  3. Reference Case 8(G) of 2018  - A reference from Hon’ble  Governor of Gujrat for disqualification of Shri Bhupendrasinh Vechatbhai Khant MLA under  Article 191 and 192 of the Constitution of India for opinion of the Election Commission of India.

    COMMISSION’S OPINION DATED 23.04.2019- REFERENCE FROM HON’BLE GOVERNOR OF GUJARAT ORDER DATED 02.05.2019- DISQUALIFICATION OF SHRI BHUPENDRASINH VECHATBHAI KHANT, MLA FROM THE 125 –MORVA HADAF (ST) AC, GUJARAT
    Allegation of disqualification- for- holding false Scheduled Tribe certificate
     
    Constitution of India- disqualification under Article 191(1)(e)- Held- guilty- Respondent did not inherit tribal status of mother.
    The Election Commission held that the Respondent was unable to establish his tribal status and committed fraud upon the Constitution by contesting elections from a reserved constituency.
    Decision: Maintainable
     

    56 downloads

    Submitted

  

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ECI Main websiteThe Election Commission of India is an autonomous constitutional authority responsible for administering election processes in India. The body administers elections to the Lok Sabha, Rajya Sabha, State Legislative Assemblies in India, and the offices of the President and Vice President in the country. The Election Commission operates under the authority of Constitution per Article 324, and subsequently enacted Representation of the People Act. 

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