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Reference Case 3(G) of 2019- Reference from Hon’ble Governor of Uttar Pradesh under Article 192(2) of the Constitution for disqualification of Dr. Arun Kumar, MLA


About This File

File No. 113/3(G)/UP/2019/Registry

COMMISSION’S OPINION DATED 25.09.2019 AND HON’BLE GOVERNOR’S ORDER DATED 07.11.2019- REFERENCE RECEIVED FROM HON’BLE GOVERNOR OF UTTAR PRADESH - DISQUALIFICATION OF DR. ARUN KUMAR MLA.

 

Allegation of disqualification- for- contract with appropriate government- Bareilly Municipal Corporation

Constitution of India- disqualification under Article 191(1)(a) and Section 9A of the Representation of the People Act, 1951- Held- not guilty

The Election Commission held that there was no agreement enforceable by law between the Respondent and the Bareilly Municipal Corporation; therefore, requirements of Section 2(h) of the Indian Contract Act, 1872 are not fulfilled. Further, the Bareilly Municipal Corporation does not fall within the purview of “appropriate government” as defined under Section 7(a) of the Representation of the People Act, 1951.

Decision: Not disqualified.


ECI Main Website

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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