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Anonymous   04 May 2024 at 22:15

Disqualification to contest ls election - office of profit

Sir,
According to the Article 102 of Constitution of India a person shall be disqualified for being chosen as, and for being, a member of either House of Parliament if he holds any office of profit under the Government of India or the Government of any State, other than an office declared by Parliament by law not to disqualify its holder. But, under this clause the following explanation is provided.
Explanation- For the purpose of this clause a person shall not be deemed to hold an office of profit under the Government of India or the Government of any State by reason only that he is a Minister either for the Union or for such State.

Therefore a Minister in the Union Government/Government of India is not a disqualified person to contest the Lok sabha election and hence he can contest election without resigning his Minister post. Similarly a Minister in any State Government is not a disqualified person to contest the Lok Sabha election and hence he can contest election without resigning his Minister post.
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The Parliament has enacted very important Act (as required under the Article 102 of Constitution of India) to declare that certain offices of profit under the Government shall not disqualify the holders thereof for being chosen as, or for being, members of Parliament in the name of the Parliament (Prevention of Disqualification) Act, 1959.

According to the section 3 of the Parliament (Prevention of Disqualification) Act, 1959 any office held by a Minister, Minister of State or Deputy Minister for the Union or for any State, whether ex officio or by name shall not disqualify the holder of office though it is falls under the office of profits under the Government of India or the Government of any State for being chosen as, and for being, a member of Parliament.
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Here it is pointed out that according to the Article 102 of Constitution a Minister of Union Territory (Puducherry, Delhi and Jammu & Kashmir) is disqualified candidate for being chosen as, or for being, a Member of Parliament since a Minister of Union Territory is not holding the office of profit under the Union Government and any State Government.

Further it is pointed out that according to the Section 3 of Parliament (Prevention of Disqualification) Act, 1959 a Minister of Union Territory (Puducherry, Delhi and Jammu & Kashmir) has not been declared as an office that not disqualify the holder thereof for being chosen as, or for being, a member of Parliament.

Therefore a person holding the office of profit in the capacity of Minister in the Union territory Government is disqualified candidate for being chosen as, or for being, a member of Parliament.
******************
My query:
Recently the Election Commission of India has completed Lok Sabha in Puducherry union territory on 19-04-2024. In Puducherry one person holding the Home Minister, Education Minister, Power Minister, Industries Minister and etc in the Puducherry UT Government, who is actually a disqualified person for being chosen as, and for being, a member of either House of Parliament has filed nomination and contested the election as Bharatiya Janata Party’s candidate.

As an elector of Puducherry Parliamentary constituency I have lodged complaints with the Election Commission of India, Chief Electoral Officer, Puducherry and Returning Officer, Puducherry. But, no one authority has taken action on my complaint and given reply to me even though my complaints registered with ECI’s online portal.

In this connection I want to know the correct legal position on my contention in this matter i.e. whether my contention is wrong or right? If right can I file a PIL or Election Petition in the interest of public to cancel the election at Puducherry. Please clarify me sir.
Thanking you.
Yours truly,
P.Veerappan,
Puducherry.

Keshav E   01 November 2022 at 13:36

Carrying alcohol from madurai to munnar

Hi experts,
Is it legal for me to carry alcohol from madurai to Kerala via road? If not is there any other alternative way to carry alcohol?

Thanks and regards
Harish

Anonymous   01 November 2022 at 09:54

Builder change ibms to ifms

Dear Sir/Mam,
In my residential society, earlier it was a IBMS but from 2016, Builder change it into IFMS means before 2016 sell out flat has IBMS and after 2016 sold out flat has IFMS now there is two types of fund in one society even if someone want to transfer his flat to other (via sell) then forcefully Builder changed it to IFMS. IS this legal as per RERA or not can any builder run two rules in one society.

Note- Few Person in this forum like Mr. Rajendra Kumar Goyal is giving a very fake advice so I request him not to give his advice, Some time he simply say file consumer complaint, Everyone knows it but before consumer complaint it is just evaluation so please stay away with this post.

Pendyala Vasudeva Rao   02 September 2022 at 21:14

Lr petition

LR petition is pending in declaration suit. Respondents not filed counter since 1200 days. Court not forefrited the right of respondents. Already 5 defendents set exparty. O 8, R 10 petition filed by plaintiff.Can the court pronounce the judgement in favour of plaintiff? How?

Mohan Krishan   02 September 2022 at 10:15

Matters

I need a very junior lawyer
to handle a few of my personal cases in civil and consumer forums in
delhi and gurgaon - basically I will be preparing etc and he will
provide some guidance, coordination etc. Will pay small fees as
a lumpsum or otherwise. If you can help me connect to some of them.
Thanks. Sharad.

sonavnayak   12 August 2022 at 14:32

Contempt petition on board time limit

Bombay High Court : I win arbitration interim order in the year 2018 and respondent fail to obey the interim order. Arbitrator after covid grant them again several chances but respondent fail without any valid reason and arbitrator order us to file Contempt petition in Bombay High Court. I file on 01-04-2022, till date case came not on board, how much time it takes to come board. Please help me

Swaty Gupta   10 August 2022 at 19:08

Perjury by landlord

Dear Experts,
My family is a tenant of commercial premises since 1948 in Delhi. We had a long ongoing dispute with an ex partner. In 2015, this ex partner made his Samdhi buy this premises who became the landlord.
First this landlord initiated legal proceedings calling my family illegal tenants and cited damage to the premises. He was proven wrong and rt before losing the case, he withdrew it.
By that time 5 yrs had passed, and then he initiated eviction against us citing bonafide need for his son which he won. He said that his son has quit job, is presently unemployed and wants to do business.
The review and appeal in high court was also dismissed.
The eviction deadline is 31st March. Meanwhile, We have come into possession of multiple documentary evidence which are a clear proof that landlord's bonafide claim is a total lie. Even the intention to open business can be proven otherwise.
We have realised that their is no relief for a tenant in the courts now. We tried giving these evidence in high court but were refused an opportunity to present it.
The landlord has lied not once but twice in the courts and engaged previously in frivolous and now false litigations against my family causing great drain on our mental peace and finances.
If we do not challenge the eviction any further, is there any way that the landlord can be tried for perjury.
We are under litigation with the person in the background (ex partner) for the last 42 years, and now his prop finally got us evicted.
Does a better title of property entitle a landlord to lie in the courts.
Regards
Swati

Vasudevan   10 August 2022 at 17:20

Recorded deposition contrary to the original petition

Respected Learned Experts, I have filed a Rent Control Original Petition for vacating the tenant for default in payment of rent and for my personal usage. During the deposition before the Addl District Munisiff the concerned judge has erroneously recorded that the tenant has to either pay the market rent or to vacate the premises. But in my original petition, I have prayed for vacating the tenant for the two reasons i.e., default in rent and for my own use. Without reading the deposition, I had signed it. Now the case is posted for cross examination. How can I correct the deposition so to match my original prayer i.e., vacating the tenant? Kindly give your valuable advice as I am appearing as Party In-person.
Heartful thanks in advance.

Anonymous   07 August 2022 at 21:26

Police refused to lodge fir even after filing 156(3) crpc

I went to local police station to lodge a complaint. Since police refused, hence I lodge written complaint before Commissioner of Police to treat my complaint as FIR. No action.
I forced to lodge complain before court U/S 156 (3) due to police inaction. After that one month is over. I went to PS but they asked money.
Till now police did not lodge FIR in spite of court's order. Please help.

Can police refused to lodge FIR in spite of court's order.

Anonymous   07 August 2022 at 18:42

Online consultations

Sir, could i know that the compromise will be allowed between complainant and accused u/s, 482 cr p c for allegation of 3/4 pocso.