...subsequent to his election under Article 191(1)(e) of the Constitution read with Section 7 of the Representation of the People Act, 1951 (43 of 1951) (hereinafter called “the Act”). In his application...that a question had arisen under Article 191(1) of the Constitution whether the member in question had been subject to the disqualification alleged by Respondent 2 and so, he requested Respondent 1 in.... Before reading this article, it is relevant to refer to Article 191. Article 191(1) provides that a person shall be disqualified for being chosen as, and for being, a member of the Legislative A...

...insolvent within the meaning of Article 191(1)(c) of the Constitution of India, at the time of filing of his nomination, at the time of his election and even on the date of the filing of the election...election petitioners that the appellant had incurred the disqualification under Article 191(1)(c) of the Constitution and declared his election to the Kerala Legislative Assembly as void. The High Court...thereby his election has become void in terms of Article 191(1)(c) of the Constitution. In the written objections filed, the appellant admitted that he was a partner of the firm along with certain...

...Article 191(1) of the Constitution a person shall be disqualified for being chosen as, and for being, a member of the Legislative Assembly or Legislative Council of a State....”Chapter III of the Representation of the People Act which certainly is a law made by Parliament within the meaning of Article 191(1)(e) of the Constitution enumerates some...) in the capital of which the appropriate Government has not less than twenty-five per cent share.”3. The clear and undoubted object of Article 191(1)(a) to (e...

...petition, in view of sub-clause (e) of clause (1) of Article 191 of the Constitution read with Section 9-A of the Representation of the People Act, 1951 (hereinafter called ‘the RP Act’). It would be advantageous to reprodu...Judge was justified in examining if Ms J. Jayalalitha had incurred the disqualification set out in Article 191(1) of the Constitution read with Section 9-A, RP Act, (ii) whether the apprehension of bias...Sections 9 and 10 thereof. The Division Bench by its judgment and order dated 15-11-1993 held that the question whether Ms J. Jayalalitha had or had not incurred the disqualification under Article 191(1) of...

...Assembly under Article 191(1)(a) of the Constitution.2. The appellant Biharilal Dobray, the respondent Roshan Lal Dobray and some others were nominated as candidates at the...Article 191(1)(a) of the Constitution for being chosen as a member of the Legislative Assembly. After such rejection the polling took place on May 28, 1980 and the appellant who secured the highest...Legislative Assembly was based on Article 191 of the Constitution, the material part of which reads thus:“191. (1) A person shall be disqualified for being chosen as, and for...

...attracted. Under Article 191(1) of the Constitution a person would be disqualified from being chosen as and for being a Member of the Legislative Assembly or the Legislative Council of State, if he holds any...held to be an office of profit within the ambit of Article 191(1) of the Constitution. The majority view expressed through Justice Sikri held that before a person becomes subject to the...disqualification in Article 191(1) there must be an office which exists independently of his being the holder of the office, and the word “office” means an office or employment which was a subsisting, permanent...

...India within the meaning of Article 191(1)(a) of the Constitution nor was a managing agent, manager or secretary of any company or corporation in the capital of which the Government of India has not.... The first issue arising for decision is whether the respondent was holding any office of profit under the Government of India within the meaning of Article 191(1)(a) of the Constitution which...State Legislative Assembly under Article 191(1)(a) of the Constitution. The Court refused to accept the proposition that the mere fact that the Government had control over the Managing Director or other...

...not suspended or stayed pending disposal of the O.S Appeal.2. Article 191(1)(c) of the Constitution says that a person shall be disqualified for being a member...whether a member of a House of the Legislature of a State has become subject to any of the disqualifications mentioned in clause (1) of Article 191, the question shall be...considering his objections, the Election Commission tendered the opinion that Sri Sivasankara Mehta had become subject to the disqualification in Article 191(1)(c) of the...

..., it is clear that the disqualification laid down under Article 191(1)(a) of the Constitution was not intended to apply to the holder of such an office of profit...office of profit under the State Government within the meaning of Article 191(1)(a) of the Constitution and therefore he was disqualified from election. There the respondent was originally employed as...rejected his nomination paper on the ground that he was holding an office of profit under the State Government and hence he was disqualified under Article 191(1)(a) for being elected as an MLA...

...—(a) becomes subject to any of the disqualifications mentioned in clause (1) of Article 191; or(b) resigns his seat by writing under h...a House of the Legislature of a State has become subject to any of the disqualifications mentioned in clause (1) of Article 191, the question shall be referred for the decision of the Governor and...respondent's conviction and sentence in 1942 disqualified him both for being chosen as, and for being, a member of the Legislative Assembly under Article 191(1)(e) read with Section 7 of the Representation...

...Article 191 of the Constitution are applicable to the two respondents and hence their nomination papers were rightly rejected. Under Article 191(1)(a) it is provided as follows...under Article 191. In the case of Gurushanthappa (1969) 1 SCC 466...Superintendent, Safety Engineering Department of the Company an office of profit under the Government.10. The Court dealt with Article 191(1)(a) of the Constitution...

...holding an office of profit under the Government of Himachal Pradesh and as such was disqualified for election under Article 191(1)(a) of the Constitution. The petition having been dismissed by the High...before this Court, was that as the first respondent was holding an office of profit under the State Government he was disqualified under Article 191(1)(a) of the Constitution to be elected as a member...of pay of the Chairman. The fixing of the scale of pay of the Chairman cannot be said to be an act ancillary to any of the purposes mentioned in clauses 1 to 17 of the section or to be one for the...

...Hon'ble Apex Court has come to a categorical conclusion that there is a difference in phraseology used in Article 191(1) and Article 191(2) of Constitution of India. Article 191 (...of India speaks of disqualification for being chosen as and for being a member of the house whereas Article 191 (2) of the Constitution of India speaks of only a person being disqualified for being a member of the Legislative Assemb... - 9 - and not for any reason stated in Article 191(1) of the Constitution of India. 13. Article...

...Constitution.12. It must be remembered that Article 191(1)(a) of the Constitution gives a wide power to the State Legislature to declare by law what office or offices of profit...out Article 191(1) (a) of its real content or disregard any constitutional guarantee or mandate, the Court will not interfere. Nothing of this kind has been done by the impugned provisions which would...Article 191 of the Constitution. the Legislature of Haryana State enacted the Amendment Act 25 of 1969, whereby it inserted the impugned clause (i) in the original Section 2 of the Disqualification Act...

...State Government at the relevant time and was thus disqualified under Article 191(1)(a) of the Constitution of India for being chosen as a member of the Assembly.2. The...respondent was holding an office of profit under the State Government.7. Article 191(1)(a) of the Constitution of India which imposes the disqualifications is as follows...Laxman Borkar AIR 1958 Bom 314 it was observed that:“[B]efore a person can be held to be disqualified under Article 191(1)(a), three things must be proved that...

...as she held the office of Special Government Pleader, which was an office of profit under the Government of Rajasthan.3. Article 191 of the Constitution, which is relevant in this connection, reads:...11,926 and the respondent having secured 8,311 votes.24. The relevant portion of Article 191 reads as follows:“191. (1) A person shall be...“office” has various meanings and we have to see which is the appropriate meaning to be ascribed to this word in the context. It seems to us that the words “its holder” occurring in Article 191(1)(a...

...disqualified under Article 191(1)(a) of the Constitution. In Biharilal Dobray case (1984) 1 SCC 551 it was held that the respondent was holding an office of profit under the State Government and his...Order1. The challenge in this petition filed under Article 32 of the Constitution, is to the order of the Hon'ble President of India, dated 16-3...-2006, whereby, in exercise of powers conferred under clause (1) of Article 103 of the Constitution, the Hon'ble President has decided, after obtaining the opinion of the Election Commission as required...

...(1) laid down the disqualifications for membership of either House of Parliament and Article 191(1) laid down the disqualifications for membership of the Legislative Assembly or Legislative Council of...under Article 191(1)(e) of the Constitution, Parliament provided in Chapter III of the Representation of the People Act, 1951 (for short “the Act”), the disqualifications for membership of Parliament...judgment of this Court in Election Commission, India v. Saka Venkata Rao . AIR 1953 SC 210 in which it has been held that Article 191 lays down the same set of disqualif...

...Article 191(1)(a) of the Constitution, the expressions “the Government of India” and “the Government of any State” are used and they provide that a person holding an office of profit under the Government...eligible to contest elections to Parliament and the State Legislatures in view of Article 102(1)(a) and Article 191(1)(a) of the Constitution, as the case may be, because they are serving in connection...sense in which the expression “Government” is used in Article 102(1)(a) and Article 191(1)(a) of the Constitution. If the expression ‘Government’ used here is construed as meaning the Executive...

...the Government of any State (specified in the First Schedule), other than an office declared by the legislature of the State by law not to disqualify its holder vide Article 191(1)(a...);(ii) if he is of unsound mind and stands so declared by a competent court vide Article 191(1)(b);(iii) if he is an...undischarged insolvent vide Article 191(1)(c);(iv) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is...