Any Voter Can Challenge Election of any Member of Parliament on ground of "Office of Profit" – Supreme Court

Standard

Yes. A voter can challenge election of any Member of Parliament on the ground that he is holding a “Office of Profit” under some Govt. Body.

Normal assumption that only contesting candidates can challenge election of any MP is not correct.

I say this on basis of Supreme Court judgement dated 30.11.11 in civil appeal No. 7923 of 20010 which is also reported in 2011(13)Scale 283 on page 284 para 3

In this case, a voter had challenged election of a Member of Parliament on ground that he was receiving money from a Maharashtra Government Company.

Member of Parliament said that he was only being paid actual expanses incurred by him and therefore it was not a “Office of Profit”.

The Voter Lost legal battle. But he did made a point that any Voter, with right evidences, can challenge Election of Any Member of Parliament.

Haresh Raichura
10/9/2012

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