Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Bihar Panchayat Raj Act 1993 – s.139(1)(c) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Bihar Panchayat Raj Act, 2006 (6 of 2006) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Bihar Panchayat Raj Act, 1993 – s.139(1)(c) – Disqualification – Election of respondent to the post of member in the Panchayat Samiti – Disqualified by the Election Commission – Disqualification on the ground that respondent was appointed as Assistant Government Advocate under the State Government and was receiving fees for the cases conducted by him from the Government and hence, was deemed to be in service of the State – High Court set aside the order – Division Bench upheld the same – On appeal, held: There was no master-servant relationship – Respondent was not amenable to any disciplinary proceedings – No records to show that he was getting any remuneration – Even if some remuneration is attached to the office, he could not be treated to be under the service of the State Government – Aspects essential for establishing a relationship of master and servant absent – Thus, the returned candidate could not have been treated to be in service under the State Government – Order passed by the High Court upheld. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2018 INSC 569 |
Petitioner | State Election Commissioner, Bihar Patna & Others |
Respondent | Janakdhari Prasad And Others |
SCR | [2018] 5 S.C.R. 112 |
Judgement Date | 2018-07-03 |
Case Number | 1463 |
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