Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Member of State Legislative Assembly Disqualification office of profit |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | ELECTION LAW:Member of State Legislative Assembly - Election - Disqualification - Candidate holding 'office of profit' at the time of filing nomination paper - Candidates holding offices of Chairman, Goa Khadi and Village Industries Board and Chairman, Goa State Scheduled Castes and Other Backward Classes Finance and Development Corporation Ltd. - Under relevant rules, the said office bearers entitled to salary/honorarium and allowances - They were also availing facilities of mobile phone, residential telephone, chauffeur driven car, services of PA, a clerk, a peon etc. - HELD: Perquisites availed by candidates cannot be said to have been given to them by way of compensatory allowance in terms of clause (9) of the Schedule to 1982 Act - Since by virtue of the rules, candidates were entitled to get salary or honorarium that by itself would show that they were not entitled to get protection under the 1982 Act - Whether the 1982 Act was adopted by State Assembly or not left open for consideration in appropriate case - High Court rightly held that candidates were holding office of profit and as such were not entitled to contest election as they were disqualified - Government Territories Act, 1963 - ss. 3 and 14(1) - Goa Daman and Diu Members of Legislative Assembly (Removal of Disqualification) Act, 1982 - Schedule - Clause (9) - Goa Daman and Diu Khadi and Village industries Board Rules, 1967 - r. 7. |
Judge | N/A |
Neutral Citation | 2007 INSC 63 |
Petitioner | Dayanand Rayu Mandrekar |
Respondent | Chandrakant Uttam Chodankar & Ors. |
SCR | [2007] 13 S.C.R. 979 |
Judgement Date | 2007-01-18 |
Case Number | 3578 |
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