GAJANAN SAMADHAN LANDE Vs. SANJAY SHYAMRAO DHOTRE

JUDGEMENT

(1.) By this petition, the petitioner has challenged the election of the respondent to the 15th Lok Sabha from Akola Constituency. The challenge is on the anvil of Section 100(l)(a) of the Representation of the People Act, 1951 ("The Act" for short) read with Article 102(l)(a) of the Constitution of India. The petitioner's challenge is also based on Section 10 of the Act.

(2.) The case of the petitioner is that the Maharashtra Seeds Corporation Limited (hereinafter referred to as "The Corporation") is a Corporation controlled by the State Government. The respondent at the time of his election was a Director elected from Growers constituency and he was ineligible to be a candidate for the said election since he was holding the office of profit. According to the petitioner, since the appropriate Government was holding 49% shares in the Corporation, the respondent attracts disqualification. It is further the case of the petitioner that the respondent is managing agent and as such also disqualified to be elected as Member of Parliament. It is also the case of the petitioner that since National Seeds Corporation Limited holds 35.44% shares in the Corporation the respondent suffers disqualification in terms of Section 10 of the Act. It is further the case of the petitioner that the respondent being Director of the Corporation receives various types of allowances from the Corporation which are in the nature of the emoluments and, therefore, he is holding the Office of profit under the Government.

(3.) The respondent filed written statement denying the statements made in the election petition. According to the respondent, the petition is not maintainable. The Office of Director held by the respondent is not an office under the Government.