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COMMISSION’S OPINION DATED 22.01.2019- REFERENCE FROM HON’BLE PRESIDENT OF INDIA ORDER DATED 23.02.2019- DISQUALIFICATION OF LT. GENERAL DR. DEVENDER PAUL VATS (RETIRED), MLC HARYANA
Allegation of disqualification- for lacking qualification to contest elections- office of profit- Senior Professor, Maharaja Agrasen Medical College
Constitution of India- Article 103(1) - Held- not guilty-remedy with Petitioner was to file Election Petition
The Election Commission held that the Returning Officer did not find any defect in the documents annexed with the Nomination Form or supplied thereafter, thus, the only remedy with the Petitioner was to move the Election Petition under Section 100 of the RPA, 1951. This was in view of the Supreme Court decision in N.P. Ponnuswami vs. Returning Officer, Namakkal [AIR 1952 SC 64].
Decision: Not maintainable