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july 2018

Supreme Court of India · 2018-07-03

STATE ELECTION COMMISSIONER, BIHAR PATNA vs JANAKDHARI PRASAD .

Citation / case number
SC 2006/2523
Court
Supreme Court of India
Petitioner
STATE ELECTION COMMISSIONER, BIHAR PATNA
Respondent
JANAKDHARI PRASAD .
Author
HON'BLE THE CHIEF JUSTICE
Bench
HON'BLE THE CHIEF JUSTICE, HON'BLE MR. JUSTICE A.M. KHANWILKAR, HON'BLE THE CHIEF JUSTICE

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 qualifies as being in service. The Court dismissed the appeal, reinforcing the Election Commission's decision to disqualify him from holding the post of member in the Panchayat Samiti.

STATE ELECTION COMMISSIONER, BIHAR PATNA vs JANAKDHARI PRASAD . · Niyam