Governor under Article 192 is thus attracted only in those cases where Article 191 could be applied. Articles 191 and 192 , therefore, constitute a composite ... decision only held that breach of oath is not a disqualification under Article 191. To that extent we agree. Even apart from Article 191
B. Radhakrishna Menon vs State Of Kerala on 30 June, 2020
Author: S. Manikumar
Bench
Apart from the grounds mentioned under Articles 191(1)(a)
to 191(1)(d), the other grounds for disqualification from
Membership of Legislature have been ... disqualification for membership is
dealt under Article 191 of the Constitution of India and it reads thus:
"191. Disqualifications for membership
(1) A person
Minister either under the Constitution or under any other law. A bare look at Article 191 of the Constitution which prescribes disqualifications for membership ... intent of Article 191. Article 191 itself provides that a member may be disqualified by or under any law made by Parliament. Under Section
conjoint operation of Articles 164(4) and 191. It is to be noted that under Article 191 , the disqualification not only extinguishes the existing membership ... itself nominates the authority competent to decide about the disqualification referred to in Article '191. That authority is the Governor. The modality
under the State Government and, therefore, an aided school teacher is also
governed by the disqualifications prescribed under Articles 102 and 191 of
the Constitution ... People Act 1951. The
Constitutional disqualifications are provided under Article 191. Article 191
(a) provides that a person shall be disqualified for being chosen
that behalf by or under any law made by Parliament".
Again, Article 191 in the same Chapter, deals with disqualifications for membership ... qualified or is disqualified under the relevant provisions of the Constitution, namely, Articles 84, 102, 173 and 191 and part
P.J.Joseph vs Election Commission Of India on 22 February, 2021
Author: Shaji P
P.J.Joseph vs Election Commission Of India on 22 February, 2021
Author: Shaji P
reason?
(2) Whether the respondent was disqualified to contest the election under Article 191(1)(e) of the Constitution of India read with Section ... Election Commission or under Article 191(1)(e) of the Constitution of India which reads as follows:
"191. Disqualifications for membership.-
(1) A person