State legislature becomes vacant upon a disqualification being
incurred under Article 102 or Article 191 , respectively. According to the
petitioner, once the disqualification is incurred ... People Act 1951 will not operate. Under Article
102(1)(e) and Article 191(1)(e) , the disqualification operates by or under
any law made
also refer to Article 191 of the
Constitution that deals with disqualifications for membership. It is as
follows: -
6
―191. Disqualifications for membership ... from the grounds mentioned under
Article 102(1)(a) to 102(1)(d) and Article 191(1)(a) to 191(1)(d), the
other grounds
case, the question arose relating to the
disqualification of a Member of the State Legislature under Article
191(2) read with the Tenth Schedule ... Zachillhu and others 9 and addressed the issue of defection
covered under paragraphs 2(1)(a) and 2(1)(b) of the Tenth
Schedule. Referring
Subhash Desai vs Principal Secretary, Governor Of ... on 11 May, 2023
Bench: Pamidighantam Sri Narasimha
Governor has no
constitutionally assigned role in relation to a disqualification under the Tenth Schedule.
Mr. Dave also relied on extracts from the Constituent Assembly ... disqualifications
mentioned in clause (1) or clause (2) of article 191;
or
(b) resigns his seat by writing under his hand addressed
to the speaker
avoided on the ground that he
held a new office of profit under the Crown,
within the 24th section. In the scheme
submitted ... disqualified
for election under Article 191 of the
Constitution. But assuming that she held
an office of profit, this disqualification has
been removed retrospectively
Common Cause (A Regd. Society) vs Union Of India on 9 March, 2018
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Justice K.S.Puttaswamy(Retd) vs Union Of India on 26 September, 2018
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Shilpa Vishnu Thakur vs State Of Maharashtra Through Its on 7 May, 2009
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Rojer Mathew vs South Indian Bank Ltd And Ors Chief ... on 13 November, 2019
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