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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.

  

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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.




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