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Question raised over if Ambala LS seat BJP's candidate Banto Kataria holding Office of Profit being non-official member of Mata Mansa Devi Shrine Board

Advocate writes to ECI, CEO, Haryana and RO, Ambala P.C.

Hemant Kumar, Advocate Hemant Kumar, Punjab & Haryana High Court Chandigarh, Chandigarh
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5 Dariya News

5 Dariya News

5 Dariya News

Chandigarh , 07 May 2024

With the last date for filing nominations  for Sixth phase of 18th Lok Sabha General Election- 2024 for a  total of 58 seats spread over various States including all 10 Lok Sabha seats in the State of Haryana closing on May 6, the scrutiny of all nomination forms as filed would be conducted on May 7 and the last date for withdrawal of candidature is May 9. The Polling for 6th phase is scheduled for 25 May.

Meanwhile, Hemant Kumar, an Advocate at Punjab and Haryana High Court, Chandigarh who is a Bonafide resident of State of Haryana,  as well as a  registered elector within Ambala City Assembly Constituency falling under Ambala (SC) Parliamentary Constituency in the State of Haryana  has today 7 May 2024  written to  Election Commission of India (ECI), Chief Electoral Officer (CEO), Haryana as well as Deputy Commissioner (DC) of Ambala who is designated Returning Officer (RO) for Ambala Parliamentary Constituency (PC) bringing to their notice the fact that Banto Devi Kataria who is official candidate set up by Bharatiya Janata Party (BJP) from 1- Ambala(SC) Parliamentary Constituency in the State of Haryana currently holds office of Non-Official Member in Shri Mata Mansa Devi Shrine Board (SMMDSB), Panchkula ( read since July, 2023 and which tenure is until 7 May 2025 as per a Gazette Notification by Urban Local Bodies Department of Haryana Government dated 17 July, 2023) which amounts to holding of Office of Profit under the Government of Haryana ( read under Article 102(1)(a) of Constitution of India) and moreover since the aforesaid office has not been declared by Parliament by law not to disqualify its holder or in other words, the aforesaid office has not been exempted statutorily (legally) by Parliament of India from ambit of Office of Profit by including its name  in either Section 3 of the Parliament (Prevention of Disqualification) Act, 1959 or else under the Schedule or Table appended to the ibid 1959 Act ( as amended till date).

Hemant elaborated that as per Article 102(1) of Constitution of India, a person shall be disqualified for being chosen as, and for being, a member of either House of Parliament if he holds any office of profit under the Government of India or the Government of any State, other than an office declared by Parliament by law not to disqualify its holder.

The Advocate has attached the copy of the Notification dated 17 July 2023 published in Haryana Government Gazette Extraordinary by the Urban Local Bodies Department of Haryana Government nominating  Banto Kataria  as Non-Official Member of Shri Mata Mansa Devi Shrine Board, Panchkula for tenure till 7 May 2025. Also the copy of the Parliament (Prevention of Disqualification) Act, 1959- (as amended till date) has been also attached therewith for ready reference. 

The Advocate has exhorted to take immediate and urgent cognizance of this matter and take appropriate action in strict compliance with the letter & spirit of Article 102(1)(a) of Constitution of India. 


Tags: Hemant Kumar , Advocate Hemant Kumar , Punjab & Haryana High Court Chandigarh , Chandigarh



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