Supreme Court of India

Sitaram Jivyabhai Gavali v. Ramjibhai Petiyabhai Mahala & Ors.

Neutral citation
Reported as [1987] 2 S.C.R. 635
Bench E.S. Venkataramiah Ano M.P. Thakkar J.
Decided 25 March 1987

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

3 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the view that the appellant H 658 SUPREME COURT REPORTS (1987] 2 S.C.R. A should be deemed to have been relieved from his service at 10.00 A.M. on 24.11.1984 and he had ceased to be a Government servant before he submitted his nomination paper on 24.11.1984.

Judgment, page 23

From the headnote

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 ..-· as per clause 6 of his appointment order hands over the official records in his possession, and files the nomination, explaining everything in the 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

Where later benches applied it

Of those, 3 mentioned

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