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Ref. Case 9(G) of 2018- Ref. from Hon’ble Governor of MP under clause (2) of Article 192 of the Constitution- disqualification Shri Uma Shankar and Shri Deepak Joshi, MLA of MP - Commission’s opinion dated 18.10.18 and Hon’ble Governor’s dated 02.11.18

  

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COMMISSION’S OPINION DATED 18.10.2018- REFERENCE FROM HON’BLE GOVERNOR OF MADHYA PRADESH ORDER DATED 02.11.2018- DISQUALIFICATION OF SHRI UMA SHANKAR AND SHRI DEEPAK JOSHI, MLA

Allegation of disqualification- for- holding office of profit- vehicle and driver facility from Barkatullah University

Constitution of India- disqualification under Article 191(1)(a)- Held- not guilty- no document showing Respondents held any office of profit under the government.

The Election Commission held that the Complainant neither alleged nor provided any document to show that the Respondents held any office of profit under the government which could be termed as office of profit. Further, the office of Minister is not covered by the disqualification provided for holding office of profit and illegal provision of facility, if any, does not fall under the purview of Article 192.

Decision: Not maintainable




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