Article 173 in Constitution of India
173. Qualification for membership of the State Legislature
A person shall not be qualified to be chosen to fill
disqualification is prescribed in Article 164(1) or Article
164(4) but such qualification or disqualification provided in
Articles 173 and 191 of the Constitution ... Article 164 , in the event the qualifications
and disqualifications prescribed for being chosen as a
member of the legislative assembly under Articles 173
provisions therein ( Article 191 ) on the date of his appointment.
The provision of sub-Article (4) of Article 164 is meant to
provide ... Minister or Minister under Article 164 only if he has the qualifications
for membership of the legislature prescribed by Article 173 and is not
disqualified
SCALE (1)15
ACT:
Constitution of India, Article 164 and Article
173(a) (as amended by Constitution (Sixteenth) Amendment
Act , (1963)- Effect of amended Article ... appointed as a Minister in a State even after amendment of
Article 173(a) .Held: Yes
HEADNOTE:
Through this petition filed under Article
that article in the interests of the sovereignty and integrity of India. It is also proposed to amend articles 84 and 173 and forms ... purpose in the Third Schedule;". 4. Amendment of article 173.-
In article 173 of the Constitution, for clause (a), the following clause shall be substituted
November 3, 1994 at 9.00
a.m. and took oath under Article 173 of the Constitution of
India at 10.55 a.m. before the Tehsildar ... present case as
it turned on the language of Article 191 and not Article 173
with which we are presently concerned. That is perhaps
under any of .the provisions mentioned therein, and these provisions include Article 173 with which we are concerned.
12. It is in this setting that ... qualified to fill the seat on account of anything contained in Article 173 of the Constitution which inter alia lays down the necessary qualifications
therefore, is
not qualified to contest the election in view of Article 173(b) of
the Constitution. The objection was overruled by the
Returning Officer ... contest the election for
member of Legislative Assembly in view of Article 173(b) of the
Constitution as he was less than 25 years
such extract or copy was produced before the Returning officer Under Article 173 of the Constitution as amended by the Sixteenth Constitutional Amendment ... Parliament pursuant to Article 327 must be read as supplemental to and not in a manner in derogation of Article 173.
(234) Once that position
qualified to contest the election in view of Article 173(b) of the Constitution of India. The objection was rejected by the Returning Officer ... contest the election for member of legislative assembly in view of Article 173(b) of the constitution of India, inasmuch as the respondent was less