Article 192 of CoI : Article 192: Decision on questions as to disqualifications of members.

Explanation using Example

Example 1:

Scenario: A member of the Legislative Assembly (MLA) in the state of Maharashtra is accused of holding an office of profit, which is a disqualification under Article 191(1) of the Constitution of India.

Process:

1. Question Arises: A complaint is filed by another MLA alleging that the accused MLA is holding an office of profit.
2. Referral to Governor: The Speaker of the Legislative Assembly refers the question to the Governor of Maharashtra.
3. Governor's Action: The Governor seeks the opinion of the Election Commission of India on whether the accused MLA is indeed holding an office of profit.
4. Election Commission's Opinion: The Election Commission conducts an inquiry and provides its opinion to the Governor.
5. Governor's Decision: Based on the opinion of the Election Commission, the Governor decides that the accused MLA is disqualified from being a member of the Legislative Assembly.
6. Finality: The Governor's decision is final and binding.

Example 2:

Scenario: A member of the Legislative Council (MLC) in the state of Karnataka is alleged to have acquired foreign citizenship, which is a disqualification under Article 191(1) of the Constitution of India.

Process:

1. Question Arises: A public interest litigation (PIL) is filed in the High Court of Karnataka, questioning the MLC's eligibility due to alleged foreign citizenship.
2. Referral to Governor: The High Court directs the matter to the Governor of Karnataka for a decision.
3. Governor's Action: The Governor requests the opinion of the Electi...

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