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july 2018

Supreme Court of India · 2018-07-03

State Election Commissioner, Bihar ... vs Janakdhari Prasad .

Citation / case number
AIR 2018 SUPREME COURT 3320
Court
Supreme Court of India
Petitioner
State Election Commissioner, Bihar ...
Respondent
Janakdhari Prasad .
Author
Dipak Misra
Bench
D.Y. Chandrachud, A.M. Khanwilkar, Dipak Misra

Judgment text excerpt

The Supreme Court upheld the disqualification of Janakdhari Prasad under Section 139(1)(c) of the Bihar Panchayat Raj Act, 1993, affirming that he was in service of the State Government as an Assistant Government Pleader. The Court clarified that the term 'service' encompasses various factors, including the relationship of master and servant, and that the nature of appointment as an Assistant Government Pleader implies a connection to State service. The Court dismissed the appeal, reinforcing the Election Commission's decision to disqualify Prasad from holding the post of member, Panchayat Samiti.

State Election Commissioner, Bihar ... vs Janakdhari Prasad . · Niyam