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COMMISSION’S OPINION DATED 14.09.2018- REFERENCE FROM HON’BLE GOVERNOR OF UTTAR PRADESH ORDER DATED 03.10.2018- DISQUALIFICATION OF SHRI SAHAB SINGH SAINI, MLC
Allegation of disqualification- for- furnishing false information on affidavit filed along with nomination paper
Constitution of India- Article 192(2) - Representation of People Act, 1951- Section 125A- Held- not guilty- for filing of false affidavit or illegally entering into second marriage
The Election Commission opined that there was no statutory provision which provides for disqualification for filing a false affidavit or for illegally entering into second marriage during the subsistence of the first marriage, thus, the Respondent was not disqualified. However, it was held that the Government of Uttar Pradesh may take appropriate action in accordance with law to ensure that enquiry under Section 125 of the Representation of People Act, 1951 reach a conclusion within reasonable time.
Decision: not maintainable