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Citedby 48 docs - [View All]
Moti Ram vs Union Of India (Uoi) And Ors. on 8 April, 1965
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Amrit Lal Ambalal Patel vs Himatbhai Gomanbhai Patel & ... on 3 May, 1968
Pashupati Nath Singh vs Harihar Prasad Singh on 22 January, 1968
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Central Government Act
Section 14 in The Government Of Union Territories Act, 1963
14. Disqualifications for membership.
(1) A person shall be disqualified for being chosen as, and for being, a member of the Legislative Assembly of 1 the Union territory]--
(a) if he holds any office of profit under the Government of India or the Government of any State or the Government of 1 the Union territory] other than an office declared by law made by Parliament or by the Legislative Assembly of the Union territory not to disqualify its holder; or
(b) if he is for the time being disqualified for being chosen as, and for being, a member of either House of Parliament under the provisions of sub- clause (b), sub- clause (c) or sub- clause (d) of clause (1) of article 102 or of any law made in pursuance of that article.
(2) For the purposes of this section, a person shall not be deemed to hold an office of profit under the Government of India or the Government of any State or the Government of 1 the Union territory] by reason only that he is a Minister either for the Union or for such State or Union territory.
(3) If any question arises as to whether a member of the Legislative Assembly of 1 the Union territory] has become disqualified for being such a member under the provisions of sub- section (1), the question shall be referred for the decision of the President and his decision shall be final.
(4) Before giving any decision on any such question, the President shall obtain the opinion of the Election Commission and shall act according to such opinion.