Constitution ( Article 173 ) and is not
disqualified from seeking that membership by reason of any of the
provisions therein ( Article 191 ) on the date ... Chief Minister, qualified to be a legislator under Article 173
and not disqualified under Article 191.
In relation to the difference in the periods
indeed
axiomatic that the necessary qualification in Article 173 and
the disqualification in Article 191 proprio vigore applies to a
person for being appointed ... prescribed in Article 164(1) or Article
164(4) but such qualification or disqualification provided in
Articles 173 and 191 of the Constitution for being
relating to disqualification of a
Member of the State Legislature under Article 191(2) read
with Tenth Schedule to the Constitution.
2. Elections ... December 10, 1990, Ramakant Khalap
filed two separate petitions under Article 191(2) of the
Constitution before the Speaker of the State Legislative
Assembly whereby
SC1959 (12,14,18,21)
ACT:
Constitution of India 1950, Article 191(I)(a):
'office of profit'-Holding of-What is-Tests ... therefore,
disqualified under Article 102(1)(a) of the Constitution
which was more or less similar to Article 191(1)(a) of the
Constitution
relating to disqualification of a Member of the State Legislature under Article 191(2) read with Tenth Schedule to the Constitution.
2. Elections ... December 10, 1990, Ramakant Khalap filed two separate petitions under Article 191(2) the Constitution before the Speaker of the State Legislative Assembly whereby
election petition is that the respondent is
disqualified under Article 191(1)(a) of the Constitution of India, since he
was holding the post ... under the purview of
the office of profit as stated under Article 191 of the Constitution of
India [Annexure-P1(c)-(Annexure-C)].
PLEADINGS
Assembly as he was an undischarged insolvent
within the meaning of Article 191(1)(c) of the Constitution
of India, at the time of filing ... 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
seat becoming vacant on account of the disqualification under
Article 102(1)(e) or Article 191(1)(e) of the Constitution.
18. We cannot also ... disqualifications mentioned in clause (1) of Article 102 and Article 191 of
the Constitution, the seat of the member alleged to have been disqualified
will
Article (2)
obligates the Governor to obtain the opinion of the Election Commission
before giving any decision. Article 192 reads as follows:-
" Article ... amount to Parliament nullifying the constitutional declaration
contained in Article 190(3) read with Article 191.
44. Shri Rawal very painstakingly placed before
learned counsels for the parties on the
touchstone of Articles 164 , 190 , 191 , 212
and 361B and the Tenth Schedule of the
Constitution. We have
