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Ref. Case 2(G) of 2017- A petition filed by Shri Ramlal Kol and Banhshilal Dhanwal UnderArticle 192(2) of the Constitution of India – seeking disqualification of Shri Moti Kashyap, MLA- Commission’s Opinion 16.05.17 & Hon’ble Governor of MP Order 01.07.17

  

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OPINION DATED 16.05.2017- REFERENCE FROM HON’BLE GOVERNOR OF MADHYA PRADESH ORDER DATED 01.07.2017- DISQUALIFICATION OF SHRI MOTI KASHYAP, MLA

 

Allegation of Disqualification- for- furnishing false Scheduled Tribe Certificate- for election to No.91 Barwara, Katni assembly constituency reserved for Scheduled Tribes.

Constitution of India- Article 191(1) - Held-question of lack of qualification to contest election cannot be raised before the Governor under this Article.

The Election Commission of India has no jurisdiction to express any opinion on the question of alleged lack of qualification.

Decision: Not maintainable.




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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