Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Representation of People Act 1951 Section 10 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India Representation of The People Act, 1951 (43 of 1951) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Representation of People Act, 1951:Section 10 - Election - Disqualification of candidates - Khalasi and Meter Reader - Filing of nomination papers for Assembly election - Returning officer - Rejection of nomination papers on the ground that they were 'managing agents' of the Company - On challenge, High Court set aside the election holding that the nomination papers were wrongly rejected - On appeal, held both the posts are non-executive posts and were not entrusted with the affairs of the Company - Thus the candidates cannot be considered as 'managing agent', 'Secretary' or 'manager' rejection of nomination papers wholly erroneous.Constitution of India, 1950: Article 191 (1) (a) - 'Persons holding office of profit under Government of India' - Disqualified for being members of Legislative Assembly/Council - Khalasi or Meter Reader - Not subject to control of Central Government - Power of appointment and removal not exercised by Central Government - Held, not an employee under Government - Thus not disqualified for being elected to Legislative Assembly/council. |
Judge | Hon'ble Ms. Justice Sujata V Manohar |
Neutral Citation | 1999 INSC 152 |
Petitioner | Sh. Aklu Ram Mahto |
Respondent | Sh. Rajendra Mahto |
SCR | [1999] 2 S.C.R. 362 |
Judgement Date | 1999-04-01 |
Case Number | 7538 |
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