NDLI: Sitaram Jivyabhai Gavali Vs. Ramjibhai Petiyabhai Mahala & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Article 102(1)(a)
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
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 said to hold an "office of profit under the Government" on the date of filing the nomination-Doctrine of Relation Forward, applicability of Deemed date of resignation, what is-Whether Rule 5(1)(a) of the Central Civil Services (Temporary Services) Rules, 1965, scope. The appellant who belonged to Scheduled Tribe covered by the Schedule to the Constitution (Dadra and Nagar Haveli) Schedule Tribes Order, 1962, decided to contest the 1984 election from the Dadra and Nagar Haveli Parliamentary Constitutency which was a constitutency reserved for the members belonging to the Scheduled Tribes. As he was holding the post of an Investigator as a temporary Government servant governed by the Central Civil Services (Temporary Services) Rules, 1965 and also by condition 6 of his appointment order, he wrote a letter on November 21, 1984 to the Collector of Dadra and Nagar Haveli, who was his appointing authority, tendering his resignation and enclosing a demand draft drawn on the State Bank of India for a sum of Rs.1024.05 paise, being one month's notice pay. On 24.11.1984 at 10 A.M. he wrote another letter to his immediate officer and submitted all the records and files which were with him. He, thereafter, filed his nomination paper on the same day i.e. two days before the last date for filing the nomination papers. On 26.11.84, he wrote a letter to the Returning Officer, bringing to his notice each and every fact leading to his resignation and requesting the Returning Officer to note his contention that he ceased to be a government servant with effect from 21.11.84, while scrutinising the nomination paper. On the same date he received a reply from the office of the Administrator Dadra and Haveli to the effect that his resignation would take effect from 21.12.84 on the expiry of one month's notice and that his remitting one month's notice pay was not contemplated under Rule 5(1)(a) of the Central Civil Services (Temporary Services) Rules, 1965, as per the legal opinion obtained. On 27 .11.84, the appellant sent a reply bringing to the Administrator's notice condition No. 6 of his appointment order and also cases of six other officers whose resignations were accepted forthwith accepting one month's notice pay from them. The appellant also alleged malafides and pressure by Respondent No. 1, the then sitting member of the Parliament on the Collector. In reply to the said letter, the Development and Planning Officer by his letter dated 21.12.84 reiterated the Administrator's stand and returned the.demand draft. In the meanwhile on 28.11.84, i.e. the date of scrutiny of the nomination papers, the Returning Officer overruled the objection raised by Respondent No. 1 that since the appellant was holding an office of profit under the Government he was disqualified to contest the election.In the said election, the appellant secured the highest number of votes and he was declared elected. The election petition filed by Respondent No. 1 was allowed and the appellant's election was declared null and void. The appeal preferred by the appellant under section 116 of the Representation of People Act, 1951 was remitted to the High Court for amendment of written statement, framing of fresh issues and further findings of the High Court on them. All the four additional issues framed were answered against the appellant and thereafter, the said appeal was set for further hearing.
Judge	Honble Mr. Justice E.S. Venkataramiah
Neutral Citation	1987 INSC 80
Petitioner	Sitaram Jivyabhai Gavali
Respondent	Ramjibhai Petiyabhai Mahala & Ors.
SCR	[1987] 2 S.C.R. 635
Judgement Date	1987-03-25
Case Number	1632

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