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

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