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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.

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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.



 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.

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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