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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.