DIVYA PRAKASH vs KULTAR CHAND RANA & ANR.

The Supreme Court ruled that the Chairman of the Himachal Pradesh Board of School Education, appointed in an honorary capacity, does not hold an office of profit under Article 191(1)(a) of the Constitution. The Court established that the test for determining an office of profit is whether one can claim the fixed scale of pay, which in this case was not applicable due to the nature of the appointment. The Court further clarified that the Board lacked the authority to fix a scale of pay for the Chairman under Sections 10(18), 23(4), and 26(2) of the Himachal Pradesh Board of School Education Act, 1969, leading to the conclusion that the respondent was not disqualified for election.