Meaning of Disqualification as per Section 164 of CA2013

The word ‘disqualified’ used in section 164 must be understood in its plain natural meaning, which in the context would be ‘not qualified’ and not in the limited sense viz., as restricted to some incapacity as a result of defect, unfitness or blemish. A person may be unfit for a particular office not only by reason of any defect or blemish but also because he is not qualified for that office, and in that sense any requirement which non-qualifies a person, although for a limited period, must be regarded as a disqualification within the meaning of section 164 and a ground of disqualification would be a ground to disqualify the person within the meaning of section 164.Cricket Club of  India Ltd. and Ors. vs. Madhav L. Apte and Ors. (1975) 45 Comp. Cas. 574 (Bom.)

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