The Gazette of India
EXTRAORDINARY
PART II—Section 3—Sub-section (ii)
PUBLISHED BY AUTHORITY
No.331] NEW DELHI, FRIDAY, JULY 11, 1980/ASADHA 20, 1902
Separate paging is given to this Part in order that it may be filed as a separate
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1036 THE GAZETTE OF INDIA : EXTRAORDINARY LPART II—SFX. 3(ii)]MINISTRY OF IAW, JUSTICE & COMPANY AFFAIRS
(legislative Department)
NOTIFICATION
New Delhi, the 11th July, 1980
S.O. 540CE.).—The following order made by the President in published for general information :—
ORDER
Whereas a petition has been filed by Dr. T. ,K. Kothanda- ram, Convener, Dalithajathi Sangharsha Samithi and Shii T. K. Deenadayalu, Secretary, Indian Council for Rule of Law,' Hyderabad, against certain silting members of the HOUM: of the People alleging ilhat those members have be- come subject lo disqualification under article 102 of the Constitution ;
Arid whereas a reference has been made by the President to the Election Commission with reference to the said petition uw-fer iirticle 103 of |hc Constitution as to whether the member(s) concerned has/have become subject to any of the disqualifications mentioned in article 102 of the Con- stitution ;
Now, therefore, I, Ncelam Sanjiva Reddy, President of India, in exercise of the powers conferred on me by article 103 of the Constitution do hereby decide, in accordance with the opinion of the Election Commission, that the petition does not fall within the purview of the said article. Rashtrapati Bhavan, New Delhi, The 29th June, 1980.
NEELAM SANJTVA REDDY, President of India
ANNEXURE
ELECTION COMMISSION OF INDIA
BEFORE THE ELECTION COMMISSION OF INDIA
(Reference Case No. 3 of 1980)
In re : Petition dated the 5th April, 1980 of Dr. T, K. Kolhandaram, Convener, Dalithajathi. Sangharsha Samithi and Shri T. K. Deenadayalu, Secretary, Indian Council for Rule of Law, Hyderabad, re- garding the alleged disqualification of certain Mem- bers of the House of the People.
OPINION
The short question which arises for consideration on the present reference from the President of India is whether the petition dated the 5th April, 1980, submitted to him by Dr. T. K Kothandaram, Convener, Dalithajathi Sangharsha Sami- thi and Shri T. K. Dccoadayalu, Secretary, Indian Council for Rule of Law, regarding the alleged disqualification of certain sitting members of the House of the People falls under the purview of article 103 of the Constitution of India.
In the Petition it is alleged that all the elected members of Lok Sabha who belong to Congress (I) committed follow- ing irregularities during their election campaign and are thus disqualified under article J02(l) of the Constitution :—
1. During their election campaign all the Congress (1) candidates replaced the 'Ashoka Chakra' in the National Flag with their election symbol of 'Hand1 and hoisted such National Flags on their election offices, vehicles, volunteers' badges, etc. Thus they have committed a corrupt practice under section 123(3) of the Representation of the People Act, 1951;
2. The electoral rolls were bungled to facilitate the election of Congress (I) candidates and thus an offence under section 30 of the Representation of the People Act, 1950, has been committed; and 3. Russian gold worth about Rs. 500 crores was sold and that about Rs. 60 crorcs was withdrawn from Swiss Bank to finance the election campaign of the Congress (II candidatey and thus an offence under section 171-H of I.P.C, has been committed. It is apparent from the above allegations that the alleged acts of commission and omission, if committed at all and if hit by any of the provisions of the election law relating to disqualification, were reported to by the members under reference during their electioneering campaigns i.e., prior to their election as Members of the Lok Sabha. There is no averment in the petition that they have committed any irre- gularity attracting the provisions of law relating to disquali- fication after their having become Members of the Lok Sabha. It is well settled law that the jurisdiction of the President nnd the Flection Commission under article 103 of the Constitu- tion arises only in respect of those disqualifications to which the Members of Parliament become subject only after their becoming Members as such.
In view of the above, I am of the opinion and accordingly hold that the present petition does not fall within the pur- view of urticle 103 of the Constitution and the same be and is hereby returned to the President with the opinion to the above effect. New Delhi, the 9th May, 1980,