BHAGWAN DASS SEHGAL versus STATE OF HARYANA AND ORS. ETC. ETC.

BHAGWAN DASS SEHGAL versus STATE OF HARYANA AND ORS. ETC. ETC.

Clause (i) in Section 2, as amended, does not offend Article 14. The classification between Chairman and members is reasonable due to differences in status and responsibilities, and both groups have disqualifications removed by their respective clauses under the Act. Legislative discretion in classification is permissible under Article 191(1)(a).

Parties
Appellant: Bhagwan Dass Sehgal; Respondents: State of Haryana and Ors.
Jurisdiction
India
Judgment Date
05 November 1974
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment/order of Punjab & Haryana High Court
Outcome
Appeals dismissed with costs; hearing fee limited to one set.
Legal Topics
Office of Profit, Disqualification of Candidates, Article 14, Article 191, Legislative Classification, Equality Before Law
Constitutional Law Election Law Office of Profit Disqualification of Candidates Article 14 Article 191 Legislative Classification Equality Before Law

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Parties

Bhagwan Dass Sehgal

Appellant

State of Haryana and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment/order of Punjab & Haryana High Court

Legal Issues

  1. 1 Whether Clause (i) in Section 2 of Punjab State Legislature (Prevention of Disqualification) Act, 1952, as amended by Haryana Act 25 of 1969, suffers from discrimination and is invalid under Article 14 of the Constitution.
  2. 2 Whether removal of disqualification for Chairman of Improvement Trust amounts to discrimination against other members.

Ratio Decidendi

Clause (i) in Section 2, as amended, does not offend Article 14. The classification between Chairman and members is reasonable due to differences in status and responsibilities, and both groups have disqualifications removed by their respective clauses under the Act. Legislative discretion in classification is permissible under Article 191(1)(a).

Court Disposition

Appeals dismissed with costs; hearing fee limited to one set.

Orders

  • Appeals dismissed.
  • Costs awarded; hearing fee limited to one set.