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Office of Profit

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  1. Ref. Case 6(P) of 2017- Disqualification of Smt. Riti Pathak, Member of Parliament (Lok Sabha) under article 102 & 103 of the Constitution of India- Commission's Opinion dated 31.07.2017 and Hon'ble President of India Order dated 26.10.2017

    By ECI

    COMMISSION’S OPINION DATED 31.07.2017 AND HON’BLE PRESIDENT OF INDIA ORDER 26.10.2017 - REFERENCE FROM HON’BLE PRESIDENT OF INDIA- DISQUALIFICATION OF SMT. RITI PATHAK, MP (Lok Sabha)
     Allegation of disqualification- on the ground- office of profit- office of President of Zila Panchayat, Distict Sidhi (M.P)
    Constitution of India- Disqualification under Article 102 and 103- Held- not guilty- provisions of Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiyam, 1993- and – Article 103
    The Election Commission opined that as per provisions of Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiyam, 1993, the Respondent was absolved from the said post on the date she got elected as the Member of Parliament. Further, the President can decide question of disqualification of a sitting member under Article 103 only if the disqualification is incurred after election as a Member of Parliament as laid down in Election Commission, India v. Saka Venkata Subba AIR 1953 SC 210.
    Decision: not maintainable

    177 downloads

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  2. Ref. Case 4(G) of 2020 received from Hon’ble Governor of Odisha under Article 191 & 192 of the Constitution of India for Opinion of the Election Commission of India in the matter of disqualification of Smt. Kusum Tete, MLA, 09- Sundargarh, AC, Odisha.

    By Registry Section

    File No. 113/4(G)/Odisha/2020 Registry
     
    SUBJECT:- Reference Case No. 4(G) of 2020- Reference received from the Hon’ble Governor of Odisha under Article 192 of the Constitution of India seeking opinion of the Election Commission of India on the question of alleged disqualification of Smt. Kusum Tete, Member of Legislative Assembly from 09- Sundargarh Assembly Constituency, under Article 191 of the Constitution of India. 
    Allegation of disqualification- holding an office of profit and improper acceptance of nomination paper by the Returning Officer of 09- Sundargarh AC.
    COMMISSION’S OPINION DATED 16.11.2020- REFERENCE FROM HON’BLE GOVERNOR OF ODISHA AND ORDER DATED 07.12.2020 - DISQUALIFICATION OF SMT. KUSUM TETE, MLA.
    It was held that the Respondent was not holding an office of profit as she had already resigned from the post of Chairperson of SDC, Sundargarh with effect from 16.03.2019. Further, improper acceptance of nomination paper is not a ground for disqualification of an elected representative under Article 191 of the Constitution of India.
     Held- not disqualified.

    889 downloads

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  3. Reference Case No. 5 of 2019- Reference received from Hon’ble President of India under Article 103 of the Constitution for disqualification of Shri V. Vijaysai Reddy, Member of Parliament (Rajya Sabha)

    By Registry Section

    File No.113/5(P)/Andhra Pradesh/2019/ Registry
     
     Reference Case No. 5 of 2019- Reference from Hon’ble President of India under Article 103 of the Constitution for disqualification of Shri V. Vijaysai Reddy, Member of Parliament (Rajya Sabha)- Commission’s opinion dated 08.06.2020 and Hon’ble President’s opinion dated 31.08.2020.
    Allegation of disqualification- for- holding an office of profit- Special Representative of the Andhra Pradesh Government at Andhra Pradesh Bhawan in New Delhi.
    Constitution of India- disqualification under Article 102(1)(a) of the Constitution of India- Held- not guilty
    The Election Commission held that since no pecuniary gain was derived from the said office and Shri V. Vijaysai Reddy was not entitled to any other perks or remuneration other than enjoying the status of a ‘State Guest’ during his travels to Andhra Pradesh, it was held that he did not incur disqualification.
    Decision: Not disqualified.

    327 downloads

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  4. Ref. Case No.6(P) of 2018 –Disqualification of Shri A. Anwhar Raajhaa, MP in Tamil Nadu for Holding ‘Office of Profit’ under Article 103 of the Constitution of India - Commission’s Opinion dated 29.11.18 and Hon’ble President Of India Order dated 07.02.19

    By Registry Section

    Reference Case No.6(P) of 2018 –Disqualification of Shri A. Anwhar Raajhaa, Member of Parliament from the Ramanathapuram Constituency in Tamil Nadu for Holding ‘Office of Profit’ under Article 103 of the Constitution of India - Commission’s Opinion dated 29.11.2018 and Hon’ble President Of India Order dated 07.02.2019.

    376 downloads

    Submitted

  5. Ref. Case No.4(P) of 2018 –Disqualification of Sh. Devender Paul Vats Member of Rajya Sabha as per article 102(1)(a) and 103(1) of the Constitution of India - Commission’s Opinion dated 22.01.2019 and Hon’ble President of India Order dated 23.02.2019

    By Registry Section

    COMMISSION’S OPINION DATED 22.01.2019- REFERENCE FROM HON’BLE PRESIDENT OF INDIA ORDER DATED 23.02.2019- DISQUALIFICATION OF LT. GENERAL DR. DEVENDER PAUL VATS (RETIRED), MLC HARYANA
    Allegation of disqualification- for lacking qualification to contest elections- office of profit- Senior Professor, Maharaja Agrasen Medical College
    Constitution of India- Article 103(1) - Held- not guilty-remedy with Petitioner was to file Election Petition
    The Election Commission held that the Returning Officer did not find any defect in the documents annexed with the Nomination Form or supplied thereafter, thus, the only remedy with the Petitioner was to move the Election Petition under Section 100 of the RPA, 1951. This was in view of the Supreme Court decision in N.P. Ponnuswami vs. Returning Officer, Namakkal [AIR 1952 SC 64].
    Decision: Not maintainable
     

    212 downloads

    Submitted

  6. Ref. Case 9(G) of 2018- Ref. from Hon’ble Governor of MP under clause (2) of Article 192 of the Constitution- disqualification Shri Uma Shankar and Shri Deepak Joshi, MLA of MP - Commission’s opinion dated 18.10.18 and Hon’ble Governor’s dated 02.11.18

    By ECI

    COMMISSION’S OPINION DATED 18.10.2018- REFERENCE FROM HON’BLE GOVERNOR OF MADHYA PRADESH ORDER DATED 02.11.2018- DISQUALIFICATION OF SHRI UMA SHANKAR AND SHRI DEEPAK JOSHI, MLA
    Allegation of disqualification- for- holding office of profit- vehicle and driver facility from Barkatullah University
    Constitution of India- disqualification under Article 191(1)(a)- Held- not guilty- no document showing Respondents held any office of profit under the government.
    The Election Commission held that the Complainant neither alleged nor provided any document to show that the Respondents held any office of profit under the government which could be termed as office of profit. Further, the office of Minister is not covered by the disqualification provided for holding office of profit and illegal provision of facility, if any, does not fall under the purview of Article 192.
    Decision: Not maintainable

    117 downloads

    Submitted

  7. Reference Case No.5 of 2015 – Reference from the President of India under section 15(4) of the Government of National Capital Territory of Delhi Act, 1991

    By ECI

    Reference Case No.5 of 2015 – Reference from the President of India under section 15(4) of the Government of National Capital Territory of Delhi Act, 1991
     

    55 downloads

    Submitted

  8. Order passed by the Hon'ble Governor of Maharashtra in Reference Case No.2 of 2015 – regarding alleged disqualification of Shri Dhananjay Panditrao Munde, MLA.

    By ECI

    Order passed by the Hon'ble Governor of Maharashtra in Reference Case No.2 of 2015 – regarding alleged disqualification of Shri Dhananjay Panditrao Munde, MLA.
     

    44 downloads

    Submitted

  9. Reference Case 11(P) of 2018- Reference from Hon’ble President of India under Article 103(2) of the Constitution and Section 15(4) of the Government of National Capital Territory of Delhi Act, 1991 for disqualification of Shri Surender Singh, MLA.

    By Registry Section

    File No. File No. 113/11(P)/Delhi/2018/Registry
    Commission’s opinion dated 16.09.2019 and Hon’ble President Order dated 31.12.2019- Reference from Hon’ble President of India under Article 103(2) of the Constitution and Section 15(4) of the Government of National Capital Territory of Delhi Act, 1991 for disqualification of Shri Surender Singh, MLA
    Allegation of disqualification- for- holding office of profit- membership of New Delhi Municipal Council(NDMC)
    Constitution of India- disqualification under Article 102(1)(a) of the Constitution of India and Section 15(1)(a) of the Government of National Capital Territory of Delhi Act, 1991 - Held- not disqualified
    The Election Commission held that as per Section 4 of the NDMC Act, 1994, there is a statutory mandate to appoint two such MLAs to NDMC who have been elected to the Delhi Legislative Assembly from an Assembly Constituency which falls wholly or partly in the NDMC area. Hence, Shri Suremder Singh, MLA did not incur disqualification.

    201 downloads

    Submitted

  10. Ref. Case 8(G) of 2017 A petition filed by Sardar Surendra Singh, Maharashtra for disqualification of Sardar Tara Singh, MLA Under Article 192(2) of the Constitution - Commission's Opinion dated 23.07.18 & Hon'ble Governor of MP Order dated 30.10.18

    By ECI

    Ref. Case 8(G) of 2017 – A reference from Governor of Maharashtra Under Article 192(2) of the Constitution on a petition filed by Sardar Surendra Singh, Maharashtra for disqualification of  Sardar Tara Singh, MLA from  155-Mulund  of the State Legislative Assembly - Commission's Opinion dated 23.07.18 and Hon'ble President of India Order dated 30.10.18 

    208 downloads

    Submitted

  11. Ref case 5(G) of 2017- Reference from Hon’ble Governor of MP under Article 192(2) of the Constitution- disqualification of Mr. Paras Jain and Mr. Deepak Joshi, MLA- Commission’s opinion dated 08.09.2017 and Hon’ble Governor’s Order dated 09.12.2017

    By Registry Section

    COMMISSION’S OPINION DATED 08.09.2017- REFERENCE FROM HON’BLE GOVERNOR OF MADHYA PRADESH ORDER DATED 09.12.2017- DISQUALIFICATION OF MR. PARAS JAIN AND MR. DEEPAK JOSHI, MLA
    Allegation of disqualification- for- holding office or profit- post of State Chief Commissioner and State Deputy Chairman, respectively, of Bharat Scouts and Guides Society
    Constitution of India- disqualification under Article 191(1)(a)- Held- not guilty- Bharat Scouts and Guides is not office of profit
    The Election Commission held that Bharat Scouts and Guides is a ‘voluntary, non-political and educational movement’ which is duly registered as a society under Societies Registration Act, 1860. The Government of India or Government of Madhya Pradesh has no involvement or connection with the institution or its functioning. Appointment and removal of office bearers is not in control of the government. Thus, the office bearers of Bharat Scouts and Guides are not under the government.
    Decision: Not maintainable

    125 downloads

    Submitted

  12. Reference case No. 5 of 2013 - Shri John Fernandes of Novangully, Verca, Salcete, Goa alleging disqualification of Shri Caetano R. Silva, MLA of Goa Legislative Assembly, under Article 191 (1)(a)(d)

    By ECI

    Reference case No. 5 of 2013 - Shri John Fernandes of Novangully, Verca, Salcete, Goa alleging disqualification of Shri Caetano R. Silva, MLA of Goa Legislative Assembly, under Article 191 (1)(a)(d)
     

    39 downloads

    Submitted

  13. Reference Case No.113/7/(G)/ML/2015 – Order dated 31st May, 2016 of the Hon’ble Governor of Meghalaya under Article 192(1) of the Constitution of India.

    By ECI

    Reference Case No.113/7/(G)/ML/2015 – Order dated 31st May, 2016 of the Hon’ble Governor of Meghalaya under Article 192(1) of the Constitution of India.
     

    17 downloads

    Submitted

  14. Ref. Case No. 1(G) of 2017- Reference from Hon’ble Governor of Maharashtra under Article 192(2) of the Constitution- disqualification of Shri Uday Samant, MLA- Commission’s opinion dated 16.05.2018 and Hon’ble Governor’s order dated 28.06.2018

    By ECI

    COMMISSION’S OPINION DATED 16.05.2018- REFERENCE FROM HON’BLE GOVERNOR OF MAHARASHTRA ORDER DATED 28.06.2018- DISQUALIFICATION OF SHRI UDAY SAMANT, MLA
    Allegation of disqualification-in view of Order passed in Civil Suit No 260/2007 in Court of Joint Civil Judge, Senior Division, Ratnagiri –misuse of government funds- misuse of position as Chairman, Employment Guarantee Scheme (EGS) and MLA of executing unsanctioned work
    Constitution of India- Article 191(1)- Held- not guilty- grounds on disqualification is sought are not under Article 191(1)
    The Election Commission held that the grounds on which disqualification of the Respondent was sought does not fall under any of the grounds mentioned under Article 191(1) or any of the grounds in RPA, 1951.

    111 downloads

    Submitted

  15. Ref case No. 1(G) of 2018- A reference from Governor of  Sikkim under Article 192(2) of the Constitution- disqualification of 14 MLAs- Commission’s  opinion dated 18.04.2018 & 20.07.18 and Hon’ble Governor’s of Sikkim Order dated 25.04.2018 & 06.08.2018

    By ECI

    COMMISSION’S OPINION DATED 18.04.2018 & 20.07.2018- REFERENCE FROM HON’BLE GOVERNOR OF SIKKIM ORDER DATED 25.04.2018 & 06.08.2018- DISQUALIFICATION OF 14 MEMBERS, MLA
    Allegation of disqualification- for holding office of profit- Parliamentary Secretaries, Chairman Public Accounts Committee, Chairperson Estimates Committee & Chief Whip
    Constitution of India- Article 191(1)- Held- not guilty- exempted offices
     The Election Commission vide Opinion dated 18.04.2018 held that the office of Parliamentary Secretary is exempted by Sikkim Legislative Assembly (Removal of Disqualification) Amendment Act, 2006. Further, office of Chairman, Public Accounts Committee & Chairperson, Estimates Committee are not offices of profit as the government has no power of appointment/removal.
    The Election Commission of India vide Opinion dated 20.07.2018 held that the office of Chief Whip does not constitute ‘office of profit’ as the same has been exempted by Sikkim Legislative Assembly (Removal of Disqualification) Amendment Act, 1996.
    Decision: not maintainable

    121 downloads

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  16. Reference Case No.3(P) of 2016 –Shri Vibhor Anand Vs. Smt Alka Lamba and 26 others for holding ‘Office of Profit’ by occupying the office of chairperson in Rogi Kalyan Samiti - Commission’s Opinion dated 10.07.2018 and President Order dated 15.10.2018. 

    By ECI

    COMMISSION’S OPINION DATED 10.07.2018- REFERENCE FROM HON’BLE PRESIDENT OF INDIA ORDER DATED 15.10.2018- DISQUALIFICATION OF SMT ALKA LAMBA AND 26 OTHERS, MLA
    Allegation of disqualification- office of profit- Chairperson in Rogi Kalyan Samiti in Hospitals of Government of NCT Delhi
    Government of National Capital Territory of Delhi Act, 1991- Section 15(1)(a)- Held- not guilty- offices exempt
    The Election Commission opined that the said office falls under the exempted category as per item 14 of the Schedule of the Delhi Members of Legislative Assembly (Removal of Disqualification) Act, 1997.
    Decision: not maintainable

    178 downloads

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  17. Ref Case No. 4 (G) of 2017- Reference from Hon’ble Governor of MP under Article 192(2) of the Constitution- disqualification of 116 MLAS- Commission’s opinion dated 15.12.2017 and Hon’ble Governor’s Order dated 27.01.2018

    By ECI

    COMMISSION’S OPINION DATED 15.12.2017- REFERENCE FROM HON’BLE GOVERNOR OF MADHYA PRADESH ORDER DATED 27.01.2018- DISQUALIFICATION OF 116 MEMBERS, MLA
    Allegation of disqualification- for- holding office of profit- Chairmen of various Jan Bhagidari Samitis in colleges
    Constitution of India- Article 191(1)(a)- Held- not guilty- office exempted
    The Election Commission held that the posts in the Samitis fall under the exempted category of ‘office of profit’ under MP Vidhan Mandal Sadasya Nirharta Adhiniyam, 1967 and hence do not attract Article 191(1)(a) for disqualification.
    Decision: not maintainable

    83 downloads

    Submitted

  18. Office of Profit: Order Regarding Smt. Sonia Gandhi

    By ECI

    Office of Profit: Order Regarding Smt. Sonia Gandhi
     

    91 downloads

    Submitted

  19. Office of Profit: Order Regarding Smt. Usha Devi

    By ECI

    Office of Profit: Order Regarding Smt. Usha Devi
     

    44 downloads

    Submitted

  20. Disqualification on account of corrupt practice: Reference Case No. 116-1(RPA) of 2009 - Shree P.C.Thomas, Member of Parliament(Lok Sabha)

    By ECI

    Disqualification on account of corrupt practice: Reference Case No. 116-1(RPA) of 2009 - Shree P.C.Thomas, Member of Parliament(Lok Sabha)
     

    127 downloads

    Submitted

  21. Reference Case No. 5 (G)/MH/2012-Disqualification of 6 Members of Maharashtra Legislative Assembly & Maharashtra Legislative Council.

    By ECI

    Reference Case No. 5 (G)/MH/2012-Disqualification of 6 Members of Maharashtra Legislative Assembly & Maharashtra Legislative Council.
     

    63 downloads

    Submitted

  22. Reference Case No. 5/2015 – Petition of Shri Prashant Patel, Advocate, alleging disqualification of Shri Praveen Kumar, Member of the Delhi Legislative Assembly, and 20 other Members of the Delhi Legislative Assembly

    By ECI

    Reference Case No. 5/2015 – Petition of Shri Prashant Patel, Advocate, alleging disqualification of Shri Praveen Kumar, Member of the Delhi Legislative Assembly, and 20 other Members of the Delhi Legislative Assembly
    (Bilingual)

    31 downloads

    Submitted

  23. Ref. Case 3(P) of 2017- Reference from Hon’ble President of India under Section 15(4) of the Government of National Capital Territory of Delhi Act, 1991- disqualification of Shri Sanjeev Jha and 10 Others, MLA - reg.

    By Registry Section

    File No. 113/3(P)/NCT Delhi/2017/Registry
    COMMISSION’S OPINION DATED 26.08.2019 and Hon’ble President’s Order dated 28th October, 2019. - REFERENCE FROM HON’BLE PRESIDENT OF INDIA - DISQUALIFICATION OF SHRI SANJEEV JHA AND 10 OTHERS, MLA.
    Allegation of disqualification- for- holding office of profit- Co-Chairperson in District Disaster Management Authorities in 11 districts in Delhi.
    Constitution of India- disqualification under Section 15(1)(a)- Held- not disqualified- no remuneration by way of salary, allowances, sitting fee etc. nor any other facility like staff car, office space, supporting staff, telephone, residence provided – Exemption under Item 14 of Schedule to Delhi Members of Legislative Assembly (Removal of Disqualification Act, 1997.
    The Election Commission held that Item 14 of the Schedule to Delhi Members of Legislative Assembly (Removal of Disqualification Act), 1997 provides for exemption for the office of Chairman, Director or Member of a statutory or non-statutory body or committee etc. constituted by Government of NCT, provided that the said Chairman, Director or Member are not entitled to any remuneration.
    Decision: Not maintainable

    84 downloads

    Submitted

  24. Reference Case No.5 of 2015 - Reference from the President of India under Section 15(4) of the Government of National Capital Territory of delhi Act, 1991

    By ECI

    Reference Case No.5 of 2015 - Reference from the President of India under Section 15(4) of the Government of National Capital Territory of delhi Act, 1991
     

    32 downloads

    Submitted

  25. Office of Profit: Order of Disqualification of Smt. Jaya Bachchan

    By ECI

    Office of Profit: Order of Disqualification of Smt. Jaya Bachchan
     

    88 downloads

    Submitted

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