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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.
*******************

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.
*******************

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.

visuiyer   16 April 2024 at 09:45

Voter's right

I have been residing in the same premises for over 20 years; and I have been issueed with Voter ID.
I was casting vote at every election till last election.
This Parliment election, my name is not in the Electoral, (while attempting to download the booth slip, Upon checking at the website, it simply responded with SEARCH NOT FOUND)

On raising the complaint, the election commission, immediately close the complaint without resolving it (it means fails to receive the complaint)

I called over the ECIL Office, shockingly, I was accused of possibly having two ID cards, which is absurd.

How could a responsible organization issue two ID cards to one person, especially when I have lived at the same address for 20 years with only one ID card. Such an accusation against a law-abiding citizen like me is highly objectionable.

I expect this matter to be resolved , and to get a positive so that I can exercise my democratic right to vote.

Veterns, please advise where to file a case as the election date is nearing..

Guru   16 April 2024 at 00:33

Court refund if application rejected.

dear sir / madam , when we submit application with court fee . for some reason if court rejected the application , does court fee is refundable ? .

I have given 15k court fee to lawyer for financial case. Since it has more than 3 months. Lawyer keep saying tomorrow by 4pm will give case number like this keep saying since more than 2 months . He said that 3 months ago application rejected as we seeked less amount than in the notice .and after that lawyer said that we submitted re-application but still he not able to provide case number . Do not know what is going on. Thank you.

Anonymous   02 April 2024 at 13:05

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Dhruv Saharan   25 March 2024 at 13:46

Legalising illegal gambling

Hello

This post is going to be a bit lengthy but I'm sure you guys will have fun answering my questions. I'm planning to start an online gambling website, but in safe and legal way only. In my knowledge, there are two types of online gambling in India:

Skill Based Gambling: These are the games which requires some amount of player's skill to win. This includes Chess, carrom, pubg and all kinds of games that one can compete in. These games are generally allowed in India.
Luck Based Gambling: This is type of gambling in which there are no skills required. The outcome is purely based on Luck. People betting on faces of coins, some kinds of card games are example of Luck Based Games. These games are illegal.
*Please correct me if I am assuming something wrong at any point.



Now, the problem here is that the game I want to host is entirely luck based but I anyhow want to make it legal (and I have a plan for that as well 😜). This game is called "color prediction game." In this game, players choose any one color out of two. Now we see player's responses on our screen. The idea is to make the color winner for cash prize which has lesser votes. For instance, 70% choose red and 30% choose blue. Here, we will make the blue color eligible for pricing and the red-chooser will loose. Now we will give double the amount of money to 30% people and keep the rest amount as profit. Now at this point, I know it feels extremely illegal. But now comes the fun part of legalising it.

I will add a consent box that says "I accept terms & conditions of this game" which will not allow the player to play the game unless he ticks the checkbox.
In terms and conditions, I will disclose to the player that this game is 100% skill based game and not luck based. But you will have to read this guide or documentation before playing. I will provide link to access the documentation.
Now the most important part comes here. I am going to create a website and keep it updated with the winning colour before ending of match. If anyone is able to open that website and find out the winning colour, he will win for sure. But for opening this site, the player has to some complex math equations. This is to make sure that any player can not access the information about which color is going to win.
Now I will explain the method of accessing this website and finding out the winning colour in the documentation I will provide in terms and conditions. Now this game has became a skill based game instead of luck based game. How? Because now if the individual is able to learn the way of finding out the winning team from other website, he is able to win. It is a skill. It requires computer and maths skills to open that website and find the winning colour before time. But if anyone is not reading the terms and conditions before playing and just playing on their own without learning the actual method of winning through their skill, it is none of my problem. I am openly giving them method to win by learning 100% foolproof method to win. (No more than 0.01% people go and read out terms and conditions and no gambler will be able learn through documentation. Hence, no one will be able to abuse this system.)
I guess you understand what I am up to. I have made it 100% skill game as the player can read the guide provided and win the game.

Now I request you guys to advice me if this is legal or still illegal, and if yes, then why? I am also open to any suggestions that I can do in order to be more safer. And yeah, if you didn't understand anything I wanted to say, please ask.

kmurali krishna   12 March 2024 at 15:04

Where men reside in india ?

Wife filed Sec498a in AP(Andhra), immediately filed DVC in TS(Telangana) state, and included all my family members. attending these cases across states in every month I felt inconvenience, applied TP at SC, Got Stay order to TS state case proceedings,
then immediately She filed CrPC MC at AP.
Means 2 cases in AP and 1 case TS.

Husband filed a TP at SC, SC served Notices to wife twice, no one is appeared, hence SC sent notice to Her Lawyer as well saying to pass to notices to your client.
but still no one is appeared in SC, Instead of make then Ex-Party , SC Dismissed the TP case.

If women file any case in India we can see immediate action in seconds?
If Husband file case SC it self gave then enough time and simply dismissed.

Where is the Justice for Men? In India Justice is obtained for only women ?
Where men can reside in India?

Is there any grounds/Bar to show if no one respondent is not appeared, SC make them as Ex-Party
Why SC is not wife as Ex-Party?

your reply would be really appreciated.

Anonymous   08 February 2024 at 13:02

Ews category

Hi sir/madam
I belongs to ews category and husband belongs to obc who is holding income more than 8 lakhs, after marriage am I eligible for ews category,
if no...
If husband eligibility is taken as criteria I should get obc quota, but that's not happening and still am loosing ews quota also

Kavitha Balan   07 January 2024 at 16:55

Election - association

My gated community apartment election happened 3 years ago and the tenure of the current association is completed 1 year ago. They didnt do the next election & is continuing the honorary positions without further elections for past 1 year. Kindly guide us on what to do?
Where to complain on this?

Anonymous   14 December 2023 at 07:04

Is there any law that one missed call by mistake is a crime

My Son is a 4yr old kid . He was playing with phone and called on a random number. The girl called back and strated threatening me after 15 mins I received a call from an SI who said this is crime. I apologised for the mistake. But he is accusing me for no reason. Please help what should I do

Anonymous   29 November 2023 at 23:06

Writ of mandamus in the bombay high court format

The Supreme Court of India has given on its website the format for a writ petition for mandamus under Article 226 of the constitution of India. Is the same format to be used for a writ petition to be made to the Bombay High Court?