BHUNESHWAR PRASAD YADAV Vs. BADRIDHAR DIWAN

JUDGEMENT

(1.) The order shall govern the disposal of I.A. No.3, which is an application under Order 7 Rule 11 (a) & (d) of C.P.C. read with Section 86 (1) of the Representation of People Act, 1951 (herein after referred to as 'the Act of 1951'), filed by the respondent, the returned candidate.

(2.) The election petition is preferred challenging the election of respondent, Badridhar Diwan on the ground that the respondent, Badridhar Diwan, who was elected candidate from 31 Beltara Legislative Constituency in the election held in the year 2013 was disqualified to contest the election under Article 191 of Constitution of India. The prayer made in the petition is as under :-

(3.) The petitioner lost the election and respondent was declared as returned candidate. After notification of result, the instant petition is filed under Section 80, 80-A and 100 of the Act of 1951, wherein predominantly it is alleged that the respondent was disqualified for membership of the State Legislative Assembly on account of the fact that he was holding the office of profit under the government of Chhattisgarh other than the office. It is further pleaded at Para-9 that the respondent has received his remuneration against the post of Chairman of the Chhattisgarh State Industrial Development Corporation Limited (CSIDC) for the period commencing from the date of notification of election till the date of rejection. The pleading is also to the effect that if the respondent being the chairman of CSIDC was holding the office of profit under State Government, consequently, he was disqualified for the election. Other averments have also been made in the petition that the respondent used official vehicle and the official position being the Chairman of CSIDC, consequently, he was disqualified.