Court rules no disqualification under Article 191 for holding office of profit under local authority
In a significant ruling, the Bombay High Court's Aurangabad Bench dismissed the election petition filed against Arjun Panditrao Khotkar, a Shivsena candidate, who was elected during the 2024 state assembly elections. The petition, brought by Kailas Kisanrao Gorantyal, a Congress candidate, challenged Khotkar's election on grounds of improperly accepted nomination and holding an office of profit.
The petitioner alleged that Khotkar, while serving as the Chief Administrator of the Agriculture Produce Market Committee (APMC) in Jalna, held an office of profit, which should disqualify him under the Representation of the People Act, 1951. However, the court, presided over by Justice Kishore C. Sant, ruled that an office under a "local authority" does not attract disqualification under Article 191 of the Indian Constitution.
Justice Sant referenced several legal precedents, underscoring that the Constitution does not include "local authority" in Article 191, unlike other articles concerning disqualifications. This distinction was pivotal in the court's decision to dismiss the petition. The court emphasized that for a disqualification to occur, the office must be under the government, which was not the case here.
The judgment also addressed the alleged defects in Khotkar's nomination form and affidavit. The court found that any defects were not substantial enough to invalidate the nomination, noting that the election outcome was not materially affected by these technicalities.
Further, allegations regarding procedural lapses during the election, such as improper conduct of mock polls, were dismissed due to lack of evidence that these affected the election results. The court stressed the importance of upholding the mandate of the electorate and not overturning election results based on mere suspicions or technical defects.
This decision reaffirms the legal interpretation that positions within local authorities do not constitute offices of profit under the government, thereby not warranting disqualification under the current constitutional framework.
Bottom Line:
Election Petition under Order VII Rule 11 CPC dismissed as no cause of action disclosed - Office of profit under "local authority" does not attract disqualification under Article 191 of the Constitution of India.
Statutory provision(s): Article 191 of the Constitution of India, Representation of the People Act, 1951 Sections 100(1)(c), 100(1)(d)(i)(ii)(iv), Civil Procedure Code, 1908 Order VII Rule 11.
