U.C. RAMAN versus P.T.A. RAHIM AND ORS.

U.C. RAMAN versus P.T.A. RAHIM AND ORS.

Receipt of only compensatory allowances (TA and daily allowance) by Chairperson of State Haj Committee is not 'profit' or remuneration for the purposes of disqualification under Article 191(1)(a); status and influence do not qualify as 'profit'; election of respondent was not vitiated.

Parties
Appellant: U.C. Raman; Respondent: P.T.A. Rahim; Respondents: Other respondents
Jurisdiction
India
Judgment Date
01 August 2014
Procedural Posture
Civil Appeal / Appeal From Kerala High Court's Order on Election Petition
Outcome
Appeal dismissed
Legal Topics
Office of Profit, Disqualification of Candidates, Legislative Assembly Elections
Constitutional Law Election Law Office of Profit Disqualification of Candidates Legislative Assembly Elections

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Parties

U.C. Raman

Appellant

P.T.A. Rahim

Respondent

Other respondents

Respondents

Procedural Posture

Civil Appeal / Appeal From Kerala High Court's Order on Election Petition

Legal Issues

  1. 1 Whether the Chairperson of State Haj Committee holds 'office of profit' under the State Government for purposes of Article 191(1)(a) of the Constitution
  2. 2 Whether allowances received by Chairperson constitute 'profit' leading to disqualification under Article 191

Ratio Decidendi

Receipt of only compensatory allowances (TA and daily allowance) by Chairperson of State Haj Committee is not 'profit' or remuneration for the purposes of disqualification under Article 191(1)(a); status and influence do not qualify as 'profit'; election of respondent was not vitiated.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; parties to bear their own costs.