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  1. Ref. Case 6(G) of 2021 reference from the Hon’ble Governor of Gujarat under Article 192(2) of the Constitution of India for opinion of the Election Commission of India in the matter of disqualification of Sh. Bhikhabhai Galabhai Joshi MLA from 86-Junagadh

    File No. 113/6 (G)/Gujarat/2021/Registry
    Allegation of disqualification- Disqualification under Section 8
    Commission’s opinion dated 14.10.2021 - Reference from the Hon’ble Governor of Gujarat Order dated 02.11.2021 - Disqualification of Sh. Bhikhabhai Galabhai Joshi, MLA from 86- Junagadh AC of Gujarat.
    It was held that the conviction of the Respondent MLA did not attract disqualification under Section 8 of the Representation of the People Act, 1951.
    Decision- Not disqualified

    1,078 downloads

    Submitted

  2. Ref. Case No. 4(G) of 2021 reference from Hon’ble Governor of Odisha under Article 192(2) of the Constitution of India for opinion of the Election Commission of India in the matter of disqualification of Sh. Mohammad Moquim, MLA, 90-Barabati- Cuttack AC

    File No.113/4(G)/Odisha/2021/Registry.
    Allegation of Disqualification – Improper acceptance of the nomination paper/ Filing of false affidavit.
    COMMISSION’S OPINION DATED 12.04.2021- REFERENCE FROM THE HON’BLE GOVERNOR OF ODISHA ORDER DATED 22.04.2021- DISQUALIFICATION OF SH. MOHAMMAD MOQUIM, MLA FROM 90-BARABATI- CUTTACK ASSEMBLY CONSTITUENCY OF ODISHA.
    It was held that Shri Mohammad Moquim has not incurred disqualification under the provisions of Article 191 of the Constitution of India as the ground for disqualification mentioned by the Petitioners do not fall under any of the provisions mentioned in Article 191 of the Constitution of India.
    Decision: Not disqualified.

    130 downloads

    Submitted

  3. Ref. Case 3(G) of 2020- Disqualification of Shri Nathubhai Hegolabhai Patel, MLA of Gujarat from 9 Dhanera AC, under Article 191 of the Constitution read with Sections 33A and 125A of the Representation of People Act, 1951.

    File No. 113/3(G)/Gujarat/2020/Registry
    SUBJECT:-  Reference Case 3(G) of 2020- Reference received from the Hon’ble Governor of Gujarat under Article 192 of the Constitution of India seeking opinion of the Election Commission of India on the question of alleged disqualification of Shri Nathubhai Hegolabhai Patel, Member of Legislative Assembly of Gujarat from 9 Dhanera AC, under Article 191 of the Constitution read with Sections 33A and 125A of the Representation of People Act, 1951.
    COMMISSION’S OPINION DATED 23.07.2020- REFERENCE FROM HON’BLE GOVERNOR OF GUJARAT AND ORDER DATED 07.08.2020- DISQUALIFICATION OF SHRI NATHUBHAI HEGOLABHAI PATEL, MLA
     
     Allegation of disqualification- filing false affidavit before the Returning Officer of 9 Dhanera AC at the time of filing nomination paper from the said constituency.
     
     It was held that the Petitioner failed to establish how Shri Nathubhai Hegolabhai Patel can be disqualified under any of the provisions of Article 191 of the Constitution on the grounds of filing a false affidavit. Further, Article 191 does not provide for disqualification of Members of Legislative Assemblies on the grounds of non-compliance of Section 33A or for committing an offence under Section 125A of the RP Act, 1951.
     
    Held- Not disqualified.

    228 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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