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COMMISSION’S OPINION DATED 08.09.2017- REFERENCE FROM HON’BLE GOVERNOR OF MADHYA PRADESH ORDER DATED 09.12.2017- DISQUALIFICATION OF MR. PARAS JAIN AND MR. DEEPAK JOSHI, MLA
Allegation of disqualification- for- holding office or profit- post of State Chief Commissioner and State Deputy Chairman, respectively, of Bharat Scouts and Guides Society
Constitution of India- disqualification under Article 191(1)(a)- Held- not guilty- Bharat Scouts and Guides is not office of profit
The Election Commission held that Bharat Scouts and Guides is a ‘voluntary, non-political and educational movement’ which is duly registered as a society under Societies Registration Act, 1860. The Government of India or Government of Madhya Pradesh has no involvement or connection with the institution or its functioning. Appointment and removal of office bearers is not in control of the government. Thus, the office bearers of Bharat Scouts and Guides are not under the government.
Decision: Not maintainable