GAJANAN SAMADHAN LANDE versus SANJAY SHYAMRAO DHOTRE

GAJANAN SAMADHAN LANDE versus SANJAY SHYAMRAO DHOTRE

An elected Director position is not disqualified under Section 10 of the Representation of People Act, 1951 or Article 102(1)(a) of the Constitution, as the role is not by appointment, is not removable by Government, and allowances received are not 'profit' or remuneration but reimbursement of expenses.

Source-derived case information.

Parties
Appellant: Gajanan Samadhan Lande; Respondent: Sanjay Shyamrao Dhotre
Jurisdiction
India
Judgment Date
30 November 2011
Procedural Posture
Civil Appeal / Final Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Disqualification From Elections, Office of Profit, Representation of People Act, Interpretation of Statutory Provisions
Election Law Constitutional Law Disqualification From Elections Office of Profit Representation of People Act Interpretation of Statutory Provisions

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Parties

Gajanan Samadhan Lande

Appellant

Sanjay Shyamrao Dhotre

Respondent

Procedural Posture

Civil Appeal / Final Judgment on Appeal

Legal Issues

  1. 1 Whether an elected Director of a Government company holding more than 25% Government share is disqualified under Section 10 of the Representation of People Act, 1951 and Article 102(1)(a) of the Constitution for being a member of Parliament
  2. 2 Whether allowances received as Director constitute 'profit' or remuneration

Ratio Decidendi

An elected Director position is not disqualified under Section 10 of the Representation of People Act, 1951 or Article 102(1)(a) of the Constitution, as the role is not by appointment, is not removable by Government, and allowances received are not 'profit' or remuneration but reimbursement of expenses.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs