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2022 Supreme(Online)(Chh) 1659
CHHATTISGARH HIGH COURT
Sanjay K. Agrawal, J.
Tarika Tarangni v. Chakradhar Singh Sidar and Others
Election Petition | S.100(1)(c) | 2018
For the Appellants/Petitioners: Mr. Manohar Lal Sharma
For the Respondents: Mr. B.P. Sharma, Mr. Hari Agrawal
A candidate holding an office of profit under government is disqualified from candidacy in legislative elections, reinforcing provisions under Article 191(1)(a) and Section 100(1)(c) of the Representation of the People Act, 1951.
Headnote:(A) Representation of the People Act, 1951 - Section 100(1)(c) - Challenge to election based on improper rejection of nomination papers - Petitioner filed two nomination papers; the first was considered invalid due to holding an office of profit - The Returning Officer properly demanded documents to prove termination from governmental service before rejecting both nominations - The election petition dismissed as the petitioner remained a government servant at the time of nomination. (Paras 1-42)
(B) Disqualification - Holding an office of profit - The petitioner's role as a government Health Officer qualifies as an office of profit, creating a disqualification under Article 191(1)(a) of the Constitution of India. Specific principles of disqualification reiterated, establishing that holding any office yielding benefit disqualifies one from contesting elections. (Paras 30-41)
Facts of the case:
The election petitioner contested for the Lailunga constituency election, claiming her nomination was improperly rejected on the grounds of administrative error that required her to offer supporting documents regarding her alleged disqualification. (Paras 1-2)
Findings of Court:
The court determined that the Returning Officer acted within his authority and the rejection of the nomination papers was justified as the petitioner was still in government service and disqualified, despite her claims of having been terminated. (Paras 4, 42)
Issues: Whether the rejection of the nomination papers was based on a valid ground under the Act, specifically concerning the definition of an office of profit. (Paras 7, 12)
Ratio Decidendi: The court held that the Returning Officer adhered to required procedures in declining the nomination, emphasizing that the petitioner could not contest elections while holding a government post. (Paras 26, 42)
Result: Petition dismissed.
| Table of Content |
|---|
| 1. grounds for election petition (Para 1) |
| 2. election petitioner details submission and rejection of nomination papers (Para 2) |
| 3. respondent's defense on petitioner's claims (Para 3) |
| 4. court's procedural observations on evidence submission (Para 4 , 5 , 6 , 7 , 8) |
| 5. contentions and arguments of parties presented (Para 9) |
| 6. court proceedings and party submissions (Para 10 , 11) |
| 7. issue framing and legal principles application (Para 12 , 13 , 14 , 15 , 16) |
| 8. court's examination of election petitioner's claims on service (Para 18 , 19 , 20 , 21 , 22) |
| 9. legal framework governing election disqualifications (Para 24 , 25 , 26 , 27 , 28) |
| 10. legal definition and interpretation of 'office of profit' (Para 30 , 31 , 32 , 33 , 34 , 35) |
| 11. application of law on petitioner's employment status and disqualification (Para 36 , 37 , 38 , 39 , 40 , 41) |
| 12. delivery of the court's finding and order (Para 42) |
| 13. final decision and dismissal of petition (Para 43) |
1. The election petitioner herein has called in question the election of respondent No.1 herein (returned candidate) from Legislative Assembly Constituency No.15 Lailunga (ST), District Raigarh, on the ground enumerated under S.100(1)(c) of the Representation of the People Act, 1951 (for short, 'the Act of 1951') that her nomination papers have been improperly rejected by the Returning Officer by its order dated 3-11-2018 vide Exhibits P - 6A and P - 6B.
2. Election Petition by the Election Petitioner : -
2.1. The election petitioner has filed this election petition stating inter alia that on 6-10-2018, the Election Commission of India published in the Government official Gazette of Chhattisgarh, the election notification dated 6-10-2018 under S.15 of the Act of 1951 and declared assembly election in the State of Chhattisgarh and notified the dates of Chhattisgarh Legislative Assembly (Vidhan Sabha) elections to the polls in two phases. In order to contest election from Constituency No.15 Lailunga (ST), District Raigarh, the election petitioner herein obtained one set of nomination paper from the Returning Officer to file her nomination in the said election and on 31 - 10-2018 vide Exhibit P - 1 she filed her nomination paper with affidavit and in reply to para (2) of Part 3A of the said nomination paper, she has categorically declared that she was not holding any office of profit under Central or State Government and it is the case of the election petitioner that the Returning Officer i.e. respondent No.10 herein (deleted) called her in office and directed her to file second nomination paper with correct answer to para (2) of Part 3A of the said nomination paper whether she was holding any office under Central or State Government, and she was informed that in case the second nomination paper is not filed, the first nomination paper is likely to be rejected, on which the petitioner, on 1-11-2018, filed her second set of nomination paper for the said constituency with affidavit vide Exhibit P - 2 declaring at para (2) of Part 3A that she was holding the post of Rural Health Officer (Female) and due to long absence from service, the Department did not permit her presence and did not allow her to appear and join the service since last two years.
2.2. It is the case of the election petitioner that vide Exhibit P - 3, the Returning Officer fixed the date of scrutiny on 1-11-2018/3-11-2018 and on 1-11-2018, she was served with document Exhibit P - 4 asking her to produce documents relating to her Government service by 2-11 - 2018 up - to 3 p.m. and thereafter, in compliance thereof, she filed an affidavit Exhibit P - 5 stating that she was in Government job as Rural Health Officer (RHO) (Female) in Sub-Health Centre, Kurrog and Bahirkela; Community Health Centre, Tamnar; and Primary Health Centre, Saraipali, and she was on leave from 28-7-2016 to 31-7-2016, thereafter, on 5-11-2016, when she communicated her joining, same was not accepted by letter dated 10-11-2016 and as such,
