NDLI: M.v. Rajashekaran and Ors. Vs. Vatal Nagaraj and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Constitution of India
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Constitution of India Article 191-Disqualification-A person is disqualified if holding office of profit under the Government of India/Government of the State unless the 'Office' is declared by the State legislature not to disqualify its holder- Object of disqualification-Elected member to carry on his duty fearlessly and without being subjected to any kind of pressure from the Government- Representation of Peoples Act, 1951 : Section 100(2). Karnataka legislative (Prevention of Disqualification) Act, 1956- Sections 2(a), 2(b) and 3(d). One Man Commission appointed by State Government-Remuneration received cannot be equated with compensatory allowance-Not covered under the exemption clause-Hence office of profit attracting disqualification.First Respondent had been appointed as One Man Commission by the Government of Karnataka to study the problems of the Kannadigas in the Border areas of the State. The Commission was subsequently accorded the status of Minister of Cabinet rank and a sum of Rs. 5 lacs was provided to meet the expenses of pay and day to day expenditure. In the Karnataka Legislative Council Elections, First Respondent, filed his nomination paper. On scrutiny of the nomination papers and considering the objections, the Returning Officer rejected the nomination on the ground of his holding an office of profit. Aggrieved, First Respondent filed a Petition alleging that his nomination had been improperly rejected and prayed for declaring the election void. High Court allowed the Petition by holding that the post of Chairman of the Commission, which petitioner was holding, not being an office much less an office of profit, did not incur any disqualification under Article 191 and consequently, rejection of his nomination was improper and directed the Returning Officer to accept his nomination and proceed with the election in accordance with law. Hence this appeal. It was contended for the appellants that having regard to the fact that the Government sanctioned money to defray expenses of the pay and other allowances of the said Commission, the One Man Commission was an office of profit. On behalf of the respondent, it was contended that the word 'Office' was not defined either in the Constitution or in the Representation of Peoples Act and so the test to be applied is whether it was subsisting, permanent, substantive which had an existence independent of the person who filled it; and that in the present case, for a limited purpose a person was appointed to discharge certain obligations which came to an end on submission of the report by the person concerned.
Judge	Honble Mr. Justice G.B. Pattanaik
Neutral Citation	2002 INSC 42
Petitioner	M.v. Rajashekaran And Ors.
Respondent	Vatal Nagaraj And Ors.
SCR	[2002] 1 S.C.R. 412
Judgement Date	2002-01-23
Case Number	3633

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