MOHD. AKRAM ANSARI versus CHIEF ELECTION OFFICER & ORS.

MOHD. AKRAM ANSARI versus CHIEF ELECTION OFFICER & ORS.

Section 31-A of the Wakf Act, 1995 (as amended by Delhi Act 3 of 2006) has retrospective effect due to the phrase 'shall be deemed never to have been disqualified', so even if the elected candidate was disqualified in 2003, he must be deemed not to have been disqualified. No other points are allowed to be raised before the Supreme Court as they were not pressed before the High Court.

Parties
Appellant/respondent No. 6 (in Different Appeals): Mohd. Akram Ansari; Respondents: Chief Election Officer & Ors.
Jurisdiction
India
Judgment Date
04 December 2007
Procedural Posture
Civil Appeal / Appeal From Delhi High Court Judgment in Election Petitions No. 2/2004 and 3/2004
Outcome
Appeals dismissed
Legal Topics
Office of Profit, Retrospective Legislation, Disqualification of Legislative Assembly Members
Election Law Statutory Interpretation Office of Profit Retrospective Legislation Disqualification of Legislative Assembly Members

Case Brief

Summary, issues, holding and outcome

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Parties

Mohd. Akram Ansari

Appellant/respondent No. 6 (in Different Appeals)

Chief Election Officer & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Delhi High Court Judgment in Election Petitions No. 2/2004 and 3/2004

Legal Issues

  1. 1 Whether office of Chairperson or Members of Delhi Wakf Board is an office of profit disqualifying election to Delhi Legislative Assembly.
  2. 2 Whether Section 31-A of the Wakf Act, 1995 as amended applies retrospectively to elections held before 2006.
  3. 3 Whether additional points raised in the election petitions needed to be addressed by the High Court.

Ratio Decidendi

Section 31-A of the Wakf Act, 1995 (as amended by Delhi Act 3 of 2006) has retrospective effect due to the phrase 'shall be deemed never to have been disqualified', so even if the elected candidate was disqualified in 2003, he must be deemed not to have been disqualified. No other points are allowed to be raised before the Supreme Court as they were not pressed before the High Court.

Court Disposition

Appeals dismissed

Orders

  • Appeals are dismissed with no costs.
  • No other point except office of profit will be considered; others cannot be raised before the Supreme Court.