GURUGOBINDA BASU versus SANKARI PRASAD GHOSAL AND ORS.

GURUGOBINDA BASU versus SANKARI PRASAD GHOSAL AND ORS.

The appellant, as auditor of two Government companies (Durgapur Projects Ltd. and Hindustan Steel Ltd.), was appointed, removable, and controlled by the Government and Auditor-General and received remuneration fixed by Government. This constitutes holding an office of profit under the Government of India within Article 102(1)(a).

Parties
Appellant: Gurugobinda Basu; Respondents: Sankari Prasad Ghosal and Others
Jurisdiction
India
Judgment Date
14 August 1963
Procedural Posture
Civil Appeal / Supreme Court Appeal After High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Office of Profit, Disqualification of Elected Representatives, Government Companies, Auditor Appointment and Control
Election Law Constitutional Law Office of Profit Disqualification of Elected Representatives Government Companies Auditor Appointment and Control

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Parties

Gurugobinda Basu

Appellant

Sankari Prasad Ghosal and Others

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal After High Court Judgment

Legal Issues

  1. 1 Whether the appellant held an office of profit under the Government of India within Article 102(1)(a) of the Constitution and was hence disqualified from being elected to Parliament

Ratio Decidendi

The appellant, as auditor of two Government companies (Durgapur Projects Ltd. and Hindustan Steel Ltd.), was appointed, removable, and controlled by the Government and Auditor-General and received remuneration fixed by Government. This constitutes holding an office of profit under the Government of India within Article 102(1)(a).

Court Disposition

Appeal dismissed

Orders

  • Appellant found to be holding office of profit under the Government of India
  • Disqualified from being chosen as and for being a member of Parliament