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Ref. Case 6(P) of 2017- Disqualification of Smt. Riti Pathak, Member of Parliament (Lok Sabha) under article 102 & 103 of the Constitution of India- Commission's Opinion dated 31.07.2017 and Hon'ble President of India Order dated 26.10.2017

  

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COMMISSION’S OPINION DATED 31.07.2017 AND HON’BLE PRESIDENT OF INDIA ORDER 26.10.2017 - REFERENCE FROM HON’BLE PRESIDENT OF INDIA- DISQUALIFICATION OF SMT. RITI PATHAK, MP (Lok Sabha)

 Allegation of disqualification- on the ground- office of profit- office of President of Zila Panchayat, Distict Sidhi (M.P)

Constitution of India- Disqualification under Article 102 and 103- Held- not guilty- provisions of Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiyam, 1993- and – Article 103

The Election Commission opined that as per provisions of Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiyam, 1993, the Respondent was absolved from the said post on the date she got elected as the Member of Parliament. Further, the President can decide question of disqualification of a sitting member under Article 103 only if the disqualification is incurred after election as a Member of Parliament as laid down in Election Commission, India v. Saka Venkata Subba AIR 1953 SC 210.

Decision: not maintainable




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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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