Section 10 of the Representation of the People Act, 1951: Disqualification for Office under Government Company

Section 10 sets out a specific electoral disqualification for a person holding certain senior positions in a company or corporation in which the appropriate Government holds at least 25% of the capital. The rule applies for as long as the specified position is held.

Text of Section 10 - Disqualification for office under Government company

Meaning and essential conditions

The disqualification arises when the following statutory elements coincide: the person is a managing agent, manager or secretary; the organisation is a company or corporation rather than a co-operative society; and the appropriate Government holds at least 25% of its capital. The provision targets specified offices rather than every employee, director or shareholder of a government-linked enterprise.

Who is the appropriate Government?

Under Section 7(a), the appropriate Government means the Central Government in relation to disqualification for membership of Parliament, and the State Government in relation to disqualification for membership of the Legislature of a State.

What does 25% share mean?

The threshold is not less than 25% of the company's or corporation's capital held by the appropriate Government. A share of exactly 25% meets the stated threshold; a smaller holding does not satisfy this particular requirement. The nature of the entity, relevant government holding and the office actually held must be examined in the circumstances of each case.

When does the disqualification end?

The expression "if, and for so long as" makes this a continuing, office-linked disqualification. It operates while the conditions in Section 10 remain satisfied, rather than imposing a fixed disqualification period after the person ceases to hold the relevant office.

Difference from other disqualifications

Section 9A concerns subsisting government supply or works contracts in the course of trade or business. Section 10 instead concerns the specified management offices in companies or corporations with the requisite government shareholding. Section 9 separately addresses dismissal from government service for corruption or disloyalty.

Practical considerations

Before nomination or scrutiny, relevant documents may include appointment and resignation records, the entity's legal status, capital and shareholding records, and the government ownership position on the relevant date. Whether a particular office falls within the statutory terms may require examination of its actual legal character and duties.

Official legal resources

Consult the India Code portal for the consolidated Representation of the People Act, 1951; the Election Commission of India for election guidance; and the Legislative Department for legislative materials. Verify any subsequent amendment and applicable judicial interpretation when using this information in an individual case.