Office of Profit

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1. वर्ष 2017 का संदर्भ मामला संख्‍या 3(पी) [राष्‍ट्रीय राजधानी क्षेत्र, दिल्‍ली सरकार अधिनियम, 1991 की धारा 15(4) के अधीन भारत के राष्‍ट्रपति से संदर्भ]...

   By ECI

   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.
   Decision: Not maintainable
   

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   • disqualification

   Submitted November 6, 2019

2. 

   Ref case 5(G) of 2017- Reference from Hon’ble Governor of MP under Article 192(2) of the Constitution- disqualification of Mr. Paras Jain and Mr. Deepak Joshi, MLA- Commission’s opinion dated 08.09.2017 and Hon’ble Governor’s Order dated 09.12.2017

   By रजिस्ट्री अनुभाग

   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
   

   45 downloads

   • judicial reference
   • office of profit

   Submitted March 15, 2019

3. 

   Ref. Case No.4(P) of 2018 –Disqualification of Sh. Devender Paul Vats Member of Rajya Sabha as per article 102(1)(a) and 103(1) of the Constitution of India - Commission’s Opinion dated 22.01.2019 and Hon’ble President of India Order dated 23.02.2019

   By रजिस्ट्री अनुभाग

   COMMISSION’S OPINION DATED 22.01.2019- REFERENCE FROM HON’BLE PRESIDENT OF INDIA ORDER DATED 23.02.2019- DISQUALIFICATION OF LT. GENERAL DR. DEVENDER PAUL VATS (RETIRED), MLC HARYANA
   Allegation of disqualification- for lacking qualification to contest elections- office of profit- Senior Professor, Maharaja Agrasen Medical College
   Constitution of India- Article 103(1) - Held- not guilty-remedy with Petitioner was to file Election Petition
   The Election Commission held that the Returning Officer did not find any defect in the documents annexed with the Nomination Form or supplied thereafter, thus, the only remedy with the Petitioner was to move the Election Petition under Section 100 of the RPA, 1951. This was in view of the Supreme Court decision in N.P. Ponnuswami vs. Returning Officer, Namakkal [AIR 1952 SC 64].
   Decision: Not maintainable
    
   

   94 downloads

   • commission’s opinion

   Submitted March 6, 2019

4. 

   Ref. Case No.6(P) of 2018 –Disqualification of Shri A. Anwhar Raajhaa, MP in Tamil Nadu for Holding ‘Office of Profit’ under Article 103 of the Constitution of India - Commission’s Opinion dated 29.11.18 and Hon’ble President Of India Order dated 07.02.19

   By रजिस्ट्री अनुभाग

   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.
   

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     • commission’s opinion

   Submitted February 15, 2019

5. 

   Reference Case No.3(P) of 2016 –Shri Vibhor Anand Vs. Smt Alka Lamba and 26 others for holding ‘Office of Profit’ by occupying the office of chairperson in Rogi Kalyan Samiti - Commission’s Opinion dated 10.07.2018 and President Order dated 15.10.2018. 

   By ECI

   COMMISSION’S OPINION DATED 10.07.2018- REFERENCE FROM HON’BLE PRESIDENT OF INDIA ORDER DATED 15.10.2018- DISQUALIFICATION OF SMT ALKA LAMBA AND 26 OTHERS, MLA
   Allegation of disqualification- office of profit- Chairperson in Rogi Kalyan Samiti in Hospitals of Government of NCT Delhi
   Government of National Capital Territory of Delhi Act, 1991- Section 15(1)(a)- Held- not guilty- offices exempt
   The Election Commission opined that the said office falls under the exempted category as per item 14 of the Schedule of the Delhi Members of Legislative Assembly (Removal of Disqualification) Act, 1997.
   Decision: not maintainable
   

   57 downloads

   Submitted February 6, 2019

6. 

   Ref. Case 8(G) of 2017 A petition filed by Sardar Surendra Singh, Maharashtra for disqualification of Sardar Tara Singh, MLA Under Article 192(2) of the Constitution - Commission's Opinion dated 23.07.18 & Hon'ble Governor of MP Order dated 30.10.18

   By ECI

   Ref. Case 8(G) of 2017 – A reference from Governor of Maharashtra Under Article 192(2) of the Constitution on a petition filed by Sardar Surendra Singh, Maharashtra for disqualification of  Sardar Tara Singh, MLA from  155-Mulund  of the State Legislative Assembly - Commission's Opinion dated 23.07.18 and Hon'ble President of India Order dated 30.10.18 
   

   93 downloads

   • opinion

   Submitted December 24, 2018

7. 

   Ref. Case 9(G) of 2018- Ref. from Hon’ble Governor of MP under clause (2) of Article 192 of the Constitution- disqualification Shri Uma Shankar and Shri Deepak Joshi, MLA of MP - Commission’s opinion dated 18.10.18 and Hon’ble Governor’s dated 02.11.18

   By ECI

   COMMISSION’S OPINION DATED 18.10.2018- REFERENCE FROM HON’BLE GOVERNOR OF MADHYA PRADESH ORDER DATED 02.11.2018- DISQUALIFICATION OF SHRI UMA SHANKAR AND SHRI DEEPAK JOSHI, MLA
   Allegation of disqualification- for- holding office of profit- vehicle and driver facility from Barkatullah University
   Constitution of India- disqualification under Article 191(1)(a)- Held- not guilty- no document showing Respondents held any office of profit under the government.
   The Election Commission held that the Complainant neither alleged nor provided any document to show that the Respondents held any office of profit under the government which could be termed as office of profit. Further, the office of Minister is not covered by the disqualification provided for holding office of profit and illegal provision of facility, if any, does not fall under the purview of Article 192.
   Decision: Not maintainable
   

   62 downloads

   • commissions opinion
   • 9(g)/2018

   Submitted November 22, 2018

8. 

   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

   By ECI

   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
    
   

   19 downloads

   • judicial reference
   • office of profit

   Submitted September 25, 2018

9. 

   Ref. Case No. 1(G) of 2017- Reference from Hon’ble Governor of Maharashtra under Article 192(2) of the Constitution- disqualification of Shri Uday Samant, MLA- Commission’s opinion dated 16.05.2018 and Hon’ble Governor’s order dated 28.06.2018

   By ECI

   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.
   

   27 downloads

   • judicial reference
   • office of profit

   Submitted August 9, 2018

10. 

    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

    By ECI

    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
     
    

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    Submitted July 17, 2018

11. 

    Ref case No. 1(G) of 2018- A reference from Governor of  Sikkim under Article 192(2) of the Constitution- disqualification of 14 MLAs- Commission’s  opinion dated 18.04.2018 & 20.07.18 and Hon’ble Governor’s of Sikkim Order dated 25.04.2018 & 06.08.2018

    By ECI

    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
    

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      • 18.04.2018

    Submitted May 8, 2018

12. 

    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)

    By ECI

    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)
     
    

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      • goa

    Submitted May 7, 2018

13. 

    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 disquali

    By ECI

    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.
     
    

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      • nct

    Submitted April 13, 2018

14. 

    Ref Case No. 4 (G) of 2017- Reference from Hon’ble Governor of MP under Article 192(2) of the Constitution- disqualification of 116 MLAS- Commission’s opinion dated 15.12.2017 and Hon’ble Governor’s Order dated 27.01.2018

    By ECI

    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
    

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      • 15.12.2017

    Submitted February 9, 2018

15. 

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

    By ECI

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

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    Submitted January 20, 2018

16. 

    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.

    By ECI

    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.
     
    

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      • dhananjay panditrao munde

    Submitted November 16, 2017

17. 

    Ref. Case 6(P) of 2017- Disqualification of Smt. Riti Pathak, Member of Parliament (Lok Sabha) under article 102 & 103 of the Constitution of India- Commission's Opinion dated 31.07.2017 and Hon'ble President of India Order dated 26.10.2017

    By ECI

    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
    

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      • 01.08.2017
      • riti pathak
      • madhya pradesh

    Submitted October 26, 2017

18. 

    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.

    By ECI

    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.
     
    

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      • national capital territory of delhi
      • surender singh

    Submitted September 13, 2017

19. 

    Reference Case 7(G) of 2017 – A reference from Governor of Goa for the opinion of Commission for disqualification of Shri Digamber Vasant Karmat, Member of Legislative Assembly under article 192(2) of the Constitution of India - regarding

    By ECI

    Reference Case 7(G) of 2017 – A reference from Governor of Goa for the opinion of Commission for disqualification of Shri Digamber Vasant Karmat, Member of Legislative Assembly under article 192(2) of the Constitution of India - regarding
     
    

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      • goa
      • digamber vasant karmat

    Submitted August 1, 2017

20. 

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

    By ECI

    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.
     
    

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      • 19.01.2018
      • national capital territory of delhi
      • praveen kumar

    Submitted June 23, 2017

21. 

    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.

    By ECI

    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.
     
    

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    Submitted May 31, 2016

22. 

    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

    By ECI

    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)
    

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      • prashant patel
      • praveen kumar
      • delhi legislative assembly

    Submitted May 25, 2016

23. 

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

    By ECI

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

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      • abu asim azmi
      • maharashtra legislative assembly

    Submitted February 9, 2016

24. 

    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 MP-reg.

    By ECI

    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.
     
    

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      • parasmal saklecha

    Submitted May 29, 2015

25. 

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

    By ECI

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

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      • maharashtra legislative assembly
      • maharashtra legislative council

    Submitted July 24, 2013