The Election Commission has opined that the Congress MLA from the Dhanera constituency in Gujarat, Nathubhai Hegolabhai Patel, does not attract disqualification for allegedly filing a false affidavit.
The Gujarat governor had sought the opinion of the Commission recently on a petition seeking disqualification of Patel for allegedly filing a false affidavit.
In its opinion rendered in July, the poll panel said that the petitioner failed to establish how Patel can be disqualified under any of the provisions of Article 191 of the Constitution on the grounds of filing a false affidavit.
The opinion was put in public domain on Monday. "Further, Article 191 does not provide for disqualification of Members of Legislative Assemblies on the grounds of non-compliance of Section 33A or for committing an offence under Section 125A of the RP Act, 1951," it said.
The Commission held that Patel cannot be disqualified.