NEW DELHI: President Ram Nath Kovind has dismissed a petition seeking disqualification of Sidhi MP Riti Pathak for allegedly holding 'office of profit' as president of Sidhi zila panchayat after she was elected to the Lok Sabha on May 16, 2014.
Citing the opinion tendered by EC on July 31, 2017, Kovind in an order uploaded on the Commission's website on Sunday, said Section 32(5) of the Madhya Pradesh Panchayat Raj Avam Gram Adhiniyam, 1993, clearly stated that if a president of the zila panchayat is elected as a member of Parliament (MP), his seat shall be deemed to have been vacated as president with effect from date of his becoming such member.
"..under Article 103, the jurisdiction of the President to decide question of disqualification of a sitting MP arises only if disqualification is incurred after election as MP....And whereas the Election Commission of India, after examining the petition, has given its opinion on July 31, 2017, opining, that Smt Riti Pathak has not incurred any disqualification under Article 102 of the Constitution of India for being a holder of office of profit in view of Section 32 of Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993," said the order dated October 26, 2017.
"Now, therefore, having considered the matter in the light of the opinion expressed by the Election Commission of India, I, Ram Nath Kovind, President of India, in exercise of powers conferred upon me under Article 103 of the Constitution of India, do hereby hold that the petition dated March 8, 2017, filed by Shri Rambihaari Pandey, on the question of alleged disqualification of Smt Riti Pathak, Member of Parliament (Lok Sabha), Madhya Pradesh, is not maintainable," said the order.
The disqualification petition against Pathak was filed by one Rambihaari Pandey on March 8, 2017, who alleged that the Sidhi MP, on the day of her election to the Lok Sabha on May 16, 2014, was holding the office of president of zila panchayat, an office of profit undre Article 102 of the Constitution of India. She, it was alleged, submitted her resignation from post of zila panchayat president on May 24, 2014, which was accepted on May 29, 2014. This chain of events, the petitioner argued, clearly established that since the respondent (Pathak) was occupying the office of profit on the date of her election to the parliamentary constituency, "she thus stands disqualified for being the MP". As per norm, the President forwarded the petition to EC for opinion, which it tendered in July 2017.
Citing the opinion tendered by EC on July 31, 2017, Kovind in an order uploaded on the Commission's website on Sunday, said Section 32(5) of the Madhya Pradesh Panchayat Raj Avam Gram Adhiniyam, 1993, clearly stated that if a president of the zila panchayat is elected as a member of Parliament (MP), his seat shall be deemed to have been vacated as president with effect from date of his becoming such member.
"..under Article 103, the jurisdiction of the President to decide question of disqualification of a sitting MP arises only if disqualification is incurred after election as MP....And whereas the Election Commission of India, after examining the petition, has given its opinion on July 31, 2017, opining, that Smt Riti Pathak has not incurred any disqualification under Article 102 of the Constitution of India for being a holder of office of profit in view of Section 32 of Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993," said the order dated October 26, 2017.
"Now, therefore, having considered the matter in the light of the opinion expressed by the Election Commission of India, I, Ram Nath Kovind, President of India, in exercise of powers conferred upon me under Article 103 of the Constitution of India, do hereby hold that the petition dated March 8, 2017, filed by Shri Rambihaari Pandey, on the question of alleged disqualification of Smt Riti Pathak, Member of Parliament (Lok Sabha), Madhya Pradesh, is not maintainable," said the order.
The disqualification petition against Pathak was filed by one Rambihaari Pandey on March 8, 2017, who alleged that the Sidhi MP, on the day of her election to the Lok Sabha on May 16, 2014, was holding the office of president of zila panchayat, an office of profit undre Article 102 of the Constitution of India. She, it was alleged, submitted her resignation from post of zila panchayat president on May 24, 2014, which was accepted on May 29, 2014. This chain of events, the petitioner argued, clearly established that since the respondent (Pathak) was occupying the office of profit on the date of her election to the parliamentary constituency, "she thus stands disqualified for being the MP". As per norm, the President forwarded the petition to EC for opinion, which it tendered in July 2017.
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