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september 1957

Supreme Court of India · 1957-09-12

MAULANA ABDUL SHAKUR vs RIKHAB CHAND AND ANOTHER

Citation / case number
SC 1957/60157
Court
Supreme Court of India
Petitioner
MAULANA ABDUL SHAKUR
Respondent
RIKHAB CHAND AND ANOTHER
Bench
DAS, SUDHI RANJAN (CJ),AIYYAR, T.L. VENKATARAMA,SINHA, BHUVNESHWAR P.,KAPUR, J.L.,SARKAR, A.K.

Judgment text excerpt

The Supreme Court held that the appellant, Maulana Abdul Shakoor, was not disqualified under Article 102(1)(a) of the Constitution of India as he did not hold an 'office of profit' under the Government. The Court found that his appointment as manager of the Durgah Khwaja Saheb School was made by a statutory committee and not directly by the Government, and his salary was paid from the Durgah Endowment funds. Consequently, the election of the appellant was upheld, distinguishing it from Shivnandan Sharma v. The Punjab National Bank Ltd., (1955) 1 S.C.R. 1427.

MAULANA ABDUL SHAKUR vs RIKHAB CHAND AND ANOTHER · Niyam