Lack of Qualification viz Caste, Age, etc

3 files

1. A reference from Hon’ble Governor of Gujrat for disqualification of Shri Bhupendrasinh Vechatbhai Khant MLA from the 125 –Morva Hadaf (ST) AC, Gujarat under Article 191 and 192 of the Constitution of India for opinion of the Election Commission of India

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   Reference Case 8(G) of 2018  - A reference from Hon’ble  Governor of Gujrat for disqualification of Shri Bhupendrasinh Vechatbhai Khant MLA from the 125 –Morva Hadaf (ST) AC, Gujarat under  Article 191 and 192 of the Constitution of India for opinion of the Election Commission of India - Commission’s opinion dated 23.04.2019 and Hon’ble Governor’s Order dated 02.05.2019
   

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   फ़ाइल सबमिट की गई Saturday 11 May 2019

2. 

   Ref. Case 7(G) of 2018- Disqualification of Shri Sahib Saini, MLC of UP under clause (2) of Article 192 of the - Commission's Opinion dated 14.09.18 and Hon'ble Governor of UP Order dated 03.10.18

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   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
   

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   फ़ाइल सबमिट की गई Monday 15 October 2018

3. 

   Ref. Case 2(G) of 2017- A petition filed by Shri Ramlal Kol and Banhshilal Dhanwal UnderArticle 192(2) of the Constitution of India – seeking disqualification of Shri Moti Kashyap, MLA- Commission’s Opinion 16.05.17 & Hon’ble Governor of MP Order 01.07.17

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   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.
   

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   फ़ाइल सबमिट की गई Tuesday 16 May 2017