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File No. 113/3(G)/UP/2019/Registry
COMMISSION’S OPINION DATED 25.09.2019 AND HON’BLE GOVERNOR’S ORDER DATED 07.11.2019- REFERENCE RECEIVED FROM HON’BLE GOVERNOR OF UTTAR PRADESH - DISQUALIFICATION OF DR. ARUN KUMAR MLA.
Allegation of disqualification- for- contract with appropriate government- Bareilly Municipal Corporation
Constitution of India- disqualification under Article 191(1)(a) and Section 9A of the Representation of the People Act, 1951- Held- not guilty
The Election Commission held that there was no agreement enforceable by law between the Respondent and the Bareilly Municipal Corporation; therefore, requirements of Section 2(h) of the Indian Contract Act, 1872 are not fulfilled. Further, the Bareilly Municipal Corporation does not fall within the purview of “appropriate government” as defined under Section 7(a) of the Representation of the People Act, 1951.
Decision: Not disqualified.