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  1. 921 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. 365 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.
  3. 198 downloads

    File No. 113/3(G)/Gujarat/2020/Registry SUBJECT:- Reference Case 3(G) of 2020- Reference received from the Hon’ble Governor of Gujarat under Article 192 of the Constitution of India seeking opinion of the Election Commission of India on the question of alleged disqualification of Shri Nathubhai Hegolabhai Patel, Member of Legislative Assembly of Gujarat from 9 Dhanera AC, under Article 191 of the Constitution read with Sections 33A and 125A of the Representation of People Act, 1951. COMMISSION’S OPINION DATED 23.07.2020- REFERENCE FROM HON’BLE GOVERNOR OF GUJARAT AND ORDER DATED 07.08.2020- DISQUALIFICATION OF SHRI NATHUBHAI HEGOLABHAI PATEL, MLA Allegation of disqualification- filing false affidavit before the Returning Officer of 9 Dhanera AC at the time of filing nomination paper from the said constituency. It was held that the Petitioner failed to establish how Shri Nathubhai Hegolabhai Patel can be disqualified under any of the provisions of Article 191 of the Constitution on the grounds of filing a false affidavit. Further, Article 191 does not provide for disqualification of Members of Legislative Assemblies on the grounds of non-compliance of Section 33A or for committing an offence under Section 125A of the RP Act, 1951. Held- Not disqualified.
  4. 290 downloads

    File No. 113/7(G)/Goa/2019/Registry COMMISSION’S OPINION DATED 09.07.2020- REFERENCE FROM HON’BLE GOVERNOR OF GOA ORDER DATED 04.08.2020- DISQUALIFICATION OF SHRI DIGAMBAR KAMAT, MLA Allegation of disqualification- having subsisting contract with government of Goa. It was held that Shri Digambar Kamat did not incur disqualification under Section 9A of the RP Act, 1951, as there was no subsisting contract between him and the appropriate government. The question of deriving indirect monetary benefit was not contemplated under Section 9A. A direct connection between Shri Digambar Kamat and the appropriate government was not established. Further, the decisions relied on by the Petitioner on the principle of Communion of Assets under the Portuguese Civil Code, 1860 were not applicable in the present case as they pertained to the legislations concerning local body elections. Held- Not disqualified.
  5. 480 downloads

    File No. 113/3(P)/NCT Delhi/2017/Registry COMMISSION’S OPINION DATED 26.08.2019 and Hon’ble President’s Order dated 28th October, 2019. - REFERENCE FROM HON’BLE PRESIDENT OF INDIA - DISQUALIFICATION OF SHRI SANJEEV JHA AND 10 OTHERS, MLA. Allegation of disqualification- for- holding office of profit- Co-Chairperson in District Disaster Management Authorities in 11 districts in Delhi. Constitution of India- disqualification under Section 15(1)(a)- Held- not disqualified- no remuneration by way of salary, allowances, sitting fee etc. nor any other facility like staff car, office space, supporting staff, telephone, residence provided – Exemption under Item 14 of Schedule to Delhi Members of Legislative Assembly (Removal of Disqualification Act, 1997. The Election Commission held that Item 14 of the Schedule to Delhi Members of Legislative Assembly (Removal of Disqualification Act), 1997 provides for exemption for the office of Chairman, Director or Member of a statutory or non-statutory body or committee etc. constituted by Government of NCT, provided that the said Chairman, Director or Member are not entitled to any remuneration.

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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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