RAJA BAHADUR K. C. DEO BHANJ vs RAGHUNATH MISRA AND OTHERS

The Supreme Court held that a Sarpanch of a Grama Panchayat in Orissa does not fall under the definition of a person in the service of the Government as per Section 123(7)(f) of the Representation of the People Act, 1951. The Court clarified that two conditions must co-exist for this section to apply: the individual must be in the service of the Government and must belong to the specified class of officers. Since the Sarpanch is not appointed or paid by the Government and does not have a master-servant relationship with it, the appellant was not guilty of corrupt practices in obtaining assistance from Sarpanches. The High Court's decision to set aside the election was thus overturned.