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Found 92 results

  1. 36 downloads

    COMMISSION’S OPINION DATED 01.08.2017- REFERENCE FROM HON’BLE GOVERNOR OF GOA ORDER DATED 09.09.2017- DISQUALIFICATION OF SHRI DIGAMBER VASANT KAMAT, MLA Allegation of disqualification- for subsisting contract with government- corrupt practices Constitution of India- Article 190(3)(a), 191(1)(a)- RPA, 1951- Section 8A & 9A- Held- not guilty- Respondent has no subsisting contract The Election Commission opined that there was no subsisting contract of the Respondent with the state government in the course of his trade and business, and the Respondent was neither a partner in the partnership firm nor the Director of the company on the date of his nomination or on any date subsequent to it. Decision: not maintainable
  2. 50 downloads

    OPINION DATED 16.05.2017- REFERENCE FROM HON’BLE GOVERNOR OF MADHYA PRADESH ORDER DATED 01.07.2017- DISQUALIFICATION OF SHRI MOTI KASHYAP, MLA Allegation of Disqualification- for- furnishing false Scheduled Tribe Certificate- for election to No.91 Barwara, Katni assembly constituency reserved for Scheduled Tribes. Constitution of India- Article 191(1) - Held-question of lack of qualification to contest election cannot be raised before the Governor under this Article. The Election Commission of India has no jurisdiction to express any opinion on the question of alleged lack of qualification. Decision: Not maintainable.
  3. 62 downloads

    COMMISSION’S OPINION DATED 18.04.2018 & 20.07.2018- REFERENCE FROM HON’BLE GOVERNOR OF SIKKIM ORDER DATED 25.04.2018 & 06.08.2018- DISQUALIFICATION OF 14 MEMBERS, MLA Allegation of disqualification- for holding office of profit- Parliamentary Secretaries, Chairman Public Accounts Committee, Chairperson Estimates Committee & Chief Whip Constitution of India- Article 191(1)- Held- not guilty- exempted offices The Election Commission vide Opinion dated 18.04.2018 held that the office of Parliamentary Secretary is exempted by Sikkim Legislative Assembly (Removal of Disqualification) Amendment Act, 2006. Further, office of Chairman, Public Accounts Committee & Chairperson, Estimates Committee are not offices of profit as the government has no power of appointment/removal. The Election Commission of India vide Opinion dated 20.07.2018 held that the office of Chief Whip does not constitute ‘office of profit’ as the same has been exempted by Sikkim Legislative Assembly (Removal of Disqualification) Amendment Act, 1996. Decision: not maintainable
  4. 39 downloads

    COMMISSION’S OPINION DATED 15.12.2017- REFERENCE FROM HON’BLE GOVERNOR OF MADHYA PRADESH ORDER DATED 27.01.2018- DISQUALIFICATION OF 116 MEMBERS, MLA Allegation of disqualification- for- holding office of profit- Chairmen of various Jan Bhagidari Samitis in colleges Constitution of India- Article 191(1)(a)- Held- not guilty- office exempted The Election Commission held that the posts in the Samitis fall under the exempted category of ‘office of profit’ under MP Vidhan Mandal Sadasya Nirharta Adhiniyam, 1967 and hence do not attract Article 191(1)(a) for disqualification. Decision: not maintainable
  5. 51 downloads

    COMMISSION’S OPINION DATED 16.05.2018- REFERENCE FROM HON’BLE GOVERNOR OF MAHARASHTRA ORDER DATED 28.06.2018- DISQUALIFICATION OF SHRI UDAY SAMANT, MLA Allegation of disqualification-in view of Order passed in Civil Suit No 260/2007 in Court of Joint Civil Judge, Senior Division, Ratnagiri –misuse of government funds- misuse of position as Chairman, Employment Guarantee Scheme (EGS) and MLA of executing unsanctioned work Constitution of India- Article 191(1)- Held- not guilty- grounds on disqualification is sought are not under Article 191(1) The Election Commission held that the grounds on which disqualification of the Respondent was sought does not fall under any of the grounds mentioned under Article 191(1) or any of the grounds in RPA, 1951.
  6. 63 downloads

    COMMISSION’S OPINION DATED 20.06.2018- REFERENCE FROM HON’BLE GOVERNOR OF MAHARASHTRA ORDER DATED 16.08.2018- DISQUALIFICATION OF SHRI M.G. BHANGADIA, MLC Allegation of disqualification- for- having subsisting contract with government of Maharashtra (VIDC) at the time of election Representation of the People Act, 1951- Section 9A- Held- not guilty- in view of Supreme Court decision in Shrikant vs. Vasantrao & Ors and Bombay High Court decision in Gajanan vs. Kirtikumar Mitesh Bhangdiya & Ors. The Election Commission held that in view of the Supreme Court findings in Shrikant vs. Vasantrao & Ors, [(2006) 2 SCC 682] and Bombay High Court decision in Gajanan vs. Kirtikumar Mitesh Bhangdiya &Ors, the Respondent would not be disqualified. It was stated by the Commission that VIDC is an instrumentality of the state, created for the purpose of implementation of projects for which it receives budgetary support from the government, and thus, a person having subsisting contract with such a corporation is in essence having a contractual relationship with the government. However, in Shrikant, it was stated that the term ‘state government’ is different from ‘local or other authorities under the control of the state government’ for the purposes of disqualification. Godawari Marathwada Irrigation Development Corporation (GMIDC) constituted under GMIDC Act is not State Government and therefore any contracts with it are not contracts entered into by the candidate with the appropriate government. Further, In Gajanan, the High Court relied on the view of the Supreme Court in the above mentioned matter and held that Vidarbha Irrigation Development Corporation (VIDC) under VIDC Act is not “appropriate government” for the purpose of attracting disqualification under Section 9A of the Representation of the People Act, 1951. Decision: not maintainable
  7. 524 downloads

    The Commission's letter of even number dated 8th March,2019 and to forward herewith a supplementary lists of disqualified persons from the States of Karnataka and Kerala issued under Section l0A of the Representation of the People Act. 1951 issued vide its Notification No.76lKT-LA120181707, dated I 1.03.2019, No.76lKT-Hpt20t8l699. dated 11.03.2019 and No.76/LET IECIITERR/sou2-KER/20 1 4/885, dared 08.03.2019. You are requested that above mentioned supplementary lists along with main list sent earlieras mentioned above of disqualified persons may kindly be brought to the notice to all concerned. The aforesaid list can also be viewed on the Commission's website www.eci.gov.in
  8. 75 downloads

    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
  9. 59 downloads

    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
  10. 60 downloads

    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
  11. 206 downloads

    Reference Case No.6(P) of 2018 –Disqualification of Shri A. Anwhar Raajhaa, Member of Parliament from the Ramanathapuram Constituency in Tamil Nadu for Holding ‘Office of Profit’ under Article 103 of the Constitution of India - Commission’s Opinion dated 29.11.2018 and Hon’ble President Of India Order dated 07.02.2019.
  12. 27 downloads

    Reference Case No.5 of 2015 – Reference from the President of India under section 15(4) of the Government of National Capital Territory of Delhi Act, 1991
  13. 17 downloads

    Reference Case No.5 of 2015 - Reference from the President of India under Section 15(4) of the Government of National Capital Territory of delhi Act, 1991
  14. 22 downloads

    Reference case No. 5 of 2013 - Shri John Fernandes of Novangully, Verca, Salcete, Goa alleging disqualification of Shri Caetano R. Silva, MLA of Goa Legislative Assembly, under Article 191 (1)(a)(d)
  15. 20 downloads

    Reference case No. 5 of 2015 - Reference from the President of India under Section 15(4) of the Govt. of NCT of Delhi Act, 1991- Shri Prashant Patel, Advocate Vs. Shri Praveen Kumar, MLA and 20 other Members of Delhi Legislative Assembly alleging disqualification of 21 MLAs for being Members of the Delhi Legislative Assembly - oral hearing - regarding.
  16. 20 downloads

    Reference Case No. 1 of 2015 -Reference from the Hon’ble President of India under Section 8A(3) of the Representation of the People Act, 1951, on the question of disqualification of Shri Parasmal Saklecha, former Member of Legislative Assembly of Madhya Pradesh – regarding.
  17. 25 downloads

    Commission's Opinion 19th January, 2018, matter of Reference Case No. 5 of 2015 - under Section 15(4) of the Government of National Capital Territory of Delhi Act, 1991 disqualification of Shri Praveen Kumar and 20 other Members of Delhi Legislative Assembly for being Members of the Legislative Assembly.
  18. 17 downloads

    Order passed by the Hon'ble Governor of Maharashtra in Reference Case No.2 of 2015 – regarding alleged disqualification of Shri Dhananjay Panditrao Munde, MLA.
  19. 36 downloads

    Order dated 20th January, 2018 of Hon'ble President of India.
  20. 12 downloads

    Reference Case No.2 of 2016 - Under Section 15(4) of the Government of National Capital Territory of Delhi Act, 1991, seeking disqualification of Shri Surender Singh, for being a Member of the Legislative Assembly.
  21. 15 downloads

    Reference Case No. 5/2015 – Petition of Shri Prashant Patel, Advocate, alleging disqualification of Shri Praveen Kumar, Member of the Delhi Legislative Assembly, and 20 other Members of the Delhi Legislative Assembly (Bilingual)
  22. 8 downloads

    Reference Case No.113/7/(G)/ML/2015 – Order dated 31st May, 2016 of the Hon’ble Governor of Meghalaya under Article 192(1) of the Constitution of India.
  23. 15 downloads

    Reference Case No. 8 (G)/MT/2014-Disqualification of Shri Abu Asim Azmi, Member of the Maharashtra Legislative Assembly
  24. 18 downloads

    Reference Case No. 5 (G)/MH/2012-Disqualification of 6 Members of Maharashtra Legislative Assembly & Maharashtra Legislative Council.
  25. 21 downloads

    Reference Case No. 1 (G)/Goa/2013-Disqualification of Shri Glen Ticklo, MLA

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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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