read in Article 191 " so disqualified under Article 192". No inconsistency can be accepted in Article 191 and Article 192 of the Constitution ... under Article 192 regarding his disqualification, sits and vote in the assembly and ultimately it is found that member has earned disqualification under Article 191
enumerated under Article 173 or
incurs disqualification for being chosen as, or for being a
member of the legislative Assembly, enumerated under
Article 191 , then ... 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
acquisition of the disqualification.
38. We have already noticed that there are two classes of
disqualification contemplated under Article 191 , (i)
disqualifications which last only ... disqualifications under
Sections 9A and 10 of the Act are akin to the disqualifications
contemplated under clauses (a) to (d) of Article 191(1) where
point of time
10
earlier than petitions for their
disqualification under the Tenth Schedule of
the Constitution should have priority in the
decision making process ... 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
limited question as to whether the petitioner had incurred disqualification under Article 191 (1) (e) of the Constitution of India read with Section ... referred to the Governor under Article 192 for taking decision on the question of their disqualification under Article 191 of the Constitution.
5. Accordingly
whether the Parliamentary Secretaries would
be subject to disqualification under Article 191 (1) (a) of the Constitution of
India. The averments so taken ... whether the eight
Parliamentary Secretaries might have been subject to disqualification
under Article 191 (1) (a)."
The main emphasis in the length of counter
acquisition
of the disqualification.
35. We have already noticed that there are two
classes of disqualification contemplated under Article
191 , (i) disqualifications which last only ... disqualifications under Sections 9-A
and 10 of the Act are akin to the disqualifications
contemplated under clauses (a) to (d) of Article
191
petitioner has incurred disqualification under the said Article. The Governor of Karnataka referred the complaint of the third respondent under Article ... salary other than the compensatory allowance he will not incur disqualification under Article 191(1)(a) of the Constitution. He has specifically stated that
view of its Article 13 and breach thereof would be a disqualification under Article 191(e) of the Constitution of India.
11. Learned Counsel lastly ... interpretation of Articles 191 and 192 of the Constitution of India which for the facility of reference are reproduced hereunder:
Article 191. Disqualifications for membership
acquisition of the disqualification.
38. We have already noticed that there are two classes of
disqualification contemplated under Article 191 , (i)
disqualifications which last only ... disqualifications under Sections 9A and 10 of the Act are akin to the
disqualifications contemplated under clauses (a) to (d) of Article
191(1) where
