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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