Supreme Court · 1987 INSC 80 · Decided 25 March 1987

Sitaram Jivyabhai Gavali v. Ramjibhai Petiyabhai Mahala & ORS.

Court
Supreme Court of India
Citation
1987 INSC 80 · [1987] 2 S.C.R. 635
Case number
CIVIL APPEAL No. 1632/1985
Decided
25 March 1987
Bench
E.S. VENKATARAMIAH, M.P. THAKKAR (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Constitution Article 102(1)(a), 309

Headnote

8 -~ Constitution of India, 1950, Article 102(1)(a) Disqualifications for Membership of either House of Parliament-Appellant a temporary Government servant tenders his resignation along with a month's salary ..-·F as per clause 6 of his appointment order hands over the official records in covering letter to the Returning Officer-Whether the appellant could be c said to hold an "office of profit under the Government" on the date of -·y filing the nomination-Doctrine of Relation Forward, applicability of- Deemed date of resignation, what is-Whether Rule 5(1)(a) of

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