LAWS(ALL)-2010-10-66

SARITA DEVI Vs. STATE OF U P

Decided On October 28, 2010
SRIMATI SARITA DEVI Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) ALL the matters are connected with each other since common questions are involved therein, as a result whereof we formulate the following points for the purpose of deciding the controversy involved in the present writ' petitions:

(2.) HISTORICALLY, Part IX of the Constitution of India was inserted by the Constitution (Seventy-third Amendment) Act, 1992 with effect from 24th April, 1993 regarding the Panchayats. In this part of the Constitution, two Articles, being Articles 243-F and 243-K, are very important for the purpose and are reproduced hereunder:

(3.) WE find from Article 191 of the Constitution, which relates to election of the State Legislature under Chapter III of Part VI of the Constitution, who will be disqualified' for becoming a Member of the Legislative Assembly or Legislative Council of the State. Article 191 (1) (a) deals with the 'office of profit", as under: