The Court was also told that Dr. Naik’s candidature was rejected since he was dismissed from government service in 2021. While so, he had failed to submit any certificate from the government to indicate that he was not dismissed for any disloyalty to the State or corruption.
The submission of such a certificate is a requirement under Section 9 of the Representation of People Act, 1951 for candidates who had been dismissed from government service in the preceding five years to avoid disqualification.
The Court concluded that since Dr. Naik had not secured such a certificate, his writ petition was meritless as well.
“There is no merit in the petition also in view of the fact that it is a admitted case of the petitioner that he was dismissed from service and the Lieutenant Governor was satisfied that under sub-clause (c) of the proviso to clause (2) of Article 311of the Constitution of India, in the interest of security of the State, it was not expedient to hold an enquiry in the case of the petitioner”, the Court said.
Source: Barandbench
