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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.


About This File

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.


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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