Case Note & Summary
The petitioner, an unsuccessful candidate in the 2002 Goa Legislative Assembly election for the Siolim constituency, filed an election petition under the Representation of the People Act, 1951, challenging the election of the respondent, the returned candidate. The sole ground was that the respondent was disqualified under Article 191(1)(a) of the Constitution of India because he held an office of profit as Chairman of the Goa Khadi and Village Industries Board, constituted under the Goa Khadi and Village Industries Board Act, 1965. The respondent had been appointed Chairman on 8 December 1999 and held the position until his resignation in July 2002 after becoming a Minister. The court examined the nature of the Board, noting that it was a statutory body with its own funds and not under the complete control of the Government. The Chairman received only an honorarium and allowances, not a salary or profit. The court held that the petitioner failed to prove that the respondent held an office of profit, as the Board was not a government department and the position did not yield any pecuniary gain. Consequently, the election petition was dismissed, and the respondent's election was upheld.
Headnote
A) Constitutional Law - Office of Profit - Article 191(1)(a) - Disqualification - The petitioner challenged the election of the returned candidate on the ground that he held an office of profit as Chairman of the Goa Khadi and Village Industries Board. The court examined whether the Board was under the control of the Government and whether the Chairman received any remuneration or profit. Held that the Board is a statutory body with its own funds and the Chairman received only honorarium and allowances, not constituting an office of profit. (Paras 1-10)
B) Election Law - Election Petition - Burden of Proof - The petitioner must prove that the respondent held an office of profit within the meaning of Article 191(1)(a). The court found that the petitioner failed to discharge this burden as the Board was not under the complete control of the Government and the Chairman's position did not yield any profit. (Paras 2-10)
Issue of Consideration
Whether the respondent, as Chairman of the Goa Khadi and Village Industries Board, held an office of profit under the Government of Goa, thereby being disqualified from being a candidate under Article 191(1)(a) of the Constitution of India.
Final Decision
The election petition is dismissed. The respondent's election is upheld.
Law Points
- Office of profit
- Article 191(1)(a) Constitution
- disqualification
- election petition
- burden of proof
Case Details
2005 LawText (BOM) (06) 38
Election Petition No. 1 of 2002
Mr. J.E. Coelho Pereira, Senior Advocate with Shri S. Karpe and Shri W. Rodrigues, Advocates for the Petitioner; Shri V.P. Thali with Ms. G. Pednekar, Advocates for the Respondent No.1
Chandrakant Uttam Chodankar
Shri Dayanand Rayu Mandrekar
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Nature of Litigation
Election petition challenging the election of a returned candidate on the ground of disqualification under Article 191(1)(a) of the Constitution for holding an office of profit.
Remedy Sought
The petitioner sought a declaration that the election of the respondent was void and that the petitioner be declared elected.
Filing Reason
The petitioner alleged that the respondent, as Chairman of the Goa Khadi and Village Industries Board, held an office of profit under the Government of Goa, thereby being disqualified from being a candidate.
Issues
Whether the respondent held an office of profit under the Government of Goa within the meaning of Article 191(1)(a) of the Constitution.
Submissions/Arguments
Petitioner argued that the Board is under the control of the Government and the Chairman receives remuneration, thus constituting an office of profit.
Respondent contended that the Board is a statutory body with its own funds and the Chairman only receives honorarium, not profit.
Ratio Decidendi
The Chairman of the Goa Khadi and Village Industries Board does not hold an office of profit under the Government because the Board is a statutory body with independent funds and the Chairman receives only honorarium and allowances, not a salary or profit. The petitioner failed to prove disqualification under Article 191(1)(a).
Judgment Excerpts
In this election petition filed under the Representation of the People Act, 1951, the petitioner who is one of the unsuccessful candidates at the election held on 30.5.02 for 6 Siolim Constituency in the State of Goa has challenged the election of the respondent No.1 (respondent, for short) the returned candidate, on the ground that the latter was holding an office of profit as contemplated by Article 191(1)(a) of the Constitution, having been the Chairman of the Goa Khadi and Village Industries Board (Board, for short), constituted under the Goa Khadi and Village Industries Board Act, 1965 (Act, for short), on the date of the nomination as well as on the date of election to the said Constituency.
Procedural History
The election petition was filed in 2002. The court heard arguments and delivered judgment on 27 May 2005.
Acts & Sections
- Constitution of India: Article 191(1)(a)
- Representation of the People Act, 1951:
- Goa Khadi and Village Industries Board Act, 1965:
