SURYA KANT ROY vs IMAMUL HAI KHAN

The Supreme Court held that the respondent, as Chairman of the Jharia Mines Board of Health, did not hold an office of profit under the State Government as defined by the tests established in prior rulings. The Court clarified that the mere appointment by the Government does not suffice to classify the position as one under the Government, especially when the Government does not pay remuneration or control the functions performed. The appeal against the High Court's dismissal of the election petition was therefore dismissed, affirming that the respondent was not disqualified from standing for election under the Representation of the People Act, 1951.