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  1. 903 downloads

    File No. 113/4(G)/Odisha/2020 Registry SUBJECT:- Reference Case No. 4(G) of 2020- Reference received from the Hon’ble Governor of Odisha under Article 192 of the Constitution of India seeking opinion of the Election Commission of India on the question of alleged disqualification of Smt. Kusum Tete, Member of Legislative Assembly from 09- Sundargarh Assembly Constituency, under Article 191 of the Constitution of India. Allegation of disqualification- holding an office of profit and improper acceptance of nomination paper by the Returning Officer of 09- Sundargarh AC. COMMISSION’S OPINION DATED 16.11.2020- REFERENCE FROM HON’BLE GOVERNOR OF ODISHA AND ORDER DATED 07.12.2020 - DISQUALIFICATION OF SMT. KUSUM TETE, MLA. It was held that the Respondent was not holding an office of profit as she had already resigned from the post of Chairperson of SDC, Sundargarh with effect from 16.03.2019. Further, improper acceptance of nomination paper is not a ground for disqualification of an elected representative under Article 191 of the Constitution of India. Held- not disqualified.
  2. 339 downloads

    File No.113/5(P)/Andhra Pradesh/2019/ Registry Reference Case No. 5 of 2019- Reference from Hon’ble President of India under Article 103 of the Constitution for disqualification of Shri V. Vijaysai Reddy, Member of Parliament (Rajya Sabha)- Commission’s opinion dated 08.06.2020 and Hon’ble President’s opinion dated 31.08.2020. Allegation of disqualification- for- holding an office of profit- Special Representative of the Andhra Pradesh Government at Andhra Pradesh Bhawan in New Delhi. Constitution of India- disqualification under Article 102(1)(a) of the Constitution of India- Held- not guilty The Election Commission held that since no pecuniary gain was derived from the said office and Shri V. Vijaysai Reddy was not entitled to any other perks or remuneration other than enjoying the status of a ‘State Guest’ during his travels to Andhra Pradesh, it was held that he did not incur disqualification. Decision: Not disqualified.

ECI Main Website

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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