SH. AKLU RAM MAHTO versus SH. RAJENDRA MAHTO

SH. AKLU RAM MAHTO versus SH. RAJENDRA MAHTO

The posts of Khalasi and Meter Reader are non-executive and do not involve management of affairs, nor do respondents hold office of profit under the Central Government as control over their appointments and duties lies with Steel Authority of India Ltd., not with the Government; thus, rejection of their nomination...

Source-derived case information.

Parties
Appellant: A.R. Mahto; Respondent: Rajendra Mahto
Jurisdiction
India
Judgment Date
01 April 1999
Procedural Posture
Civil Appeal / Supreme Court Appeal From Patna High Court Decision in Election Petitions
Outcome
Appeal dismissed
Legal Topics
Disqualification of Candidates, Office of Profit, Nomination Papers, Government Employees
Election Law Constitutional Law Administrative Law Disqualification of Candidates Office of Profit Nomination Papers Government Employees

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Parties

A.R. Mahto

Appellant

Rajendra Mahto

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From Patna High Court Decision in Election Petitions

Legal Issues

  1. 1 Whether posts of Khalasi and Meter Reader in Bokaro Steel Plant constitute disqualification under Section 10 of the Representation of People Act, 1951
  2. 2 Whether respondents held office of profit under the Central Government for purposes of Article 191(1)(a) of the Constitution

Ratio Decidendi

The posts of Khalasi and Meter Reader are non-executive and do not involve management of affairs, nor do respondents hold office of profit under the Central Government as control over their appointments and duties lies with Steel Authority of India Ltd., not with the Government; thus, rejection of their nomination papers was erroneous and appellant’s election must be set aside.

Court Disposition

Appeal dismissed

Orders

  • Election of appellant set aside under Section 100 of the Representation of People Act, 1951
  • Nomination papers of respondents declared wrongly rejected