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Election Commission Of India vs N.G. Ranga And Ors on 17 August, 1978 cites

Brundaban Nayak vs Election Commission Of India And ... on 12 February, 1965

A similar question arose before this Court in Brundaban Nayak v. Election Commission of India and Anr.(1) Article 191(1) of the Constitution provides that a person shall be disqualified for being chosen as, and for being, a member of the Legislative Assembly or Legislative Council of a State if, inter alia, he is so disqualified by or under any law made by Parliament. Article 192(1), as it then stood, provided that if any question arises as to 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 referred for he decision of the Governor and his decision shall be final. By Article 192(2) the Governor had to obtain the opinion of the Election Commission before giving his decision and he was also under an obligation to act according to the Commission's opinion. These provisions correspond to Articles 102 and 103 respectively with which we are concerned. While dealing with an argument as to whether it could be said that the question as contemplated by Article 192(1) had arisen, Gajendragadkar, C.J. speaking on behalf of the Court observed that the first clause of Article 192(1) P did not permit of any limitations and that all that the clause required was that a question should arise. How the question arose, by whom it was raised and under what circumstances it was raised were not relevant for the purpose of the application of the clause. The Court took notice of the fact that complaints made to the Governor could be frivolous or fantastic, but it held that if they were of such a character, the Election Commission would have no difficulty in expressing its opinion that they should be rejected. That however did not mean that a question as contemplated by Article 192(1) did not arise. Lastly it was urged in that case that it is the Governor and not the Election Commission who had to hold the enquiry since the Constitution required the Governor to decide the particular question. This contention was rejected on the ground that it was the opinion of the (1) [1965] (3) S.C.R. 53.
Supreme Court of India Cites 18 - Cited by 54 - P B Gajendragadkar - Full Document
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