M. RAMAPPA versus SANGAPPA AND OTHERS

M. RAMAPPA versus SANGAPPA AND OTHERS

Patels and Shanbhogs, even though having a hereditary claim, do not occupy office except by appointment by the Government. As their duties, appointment, supervision, removal and remuneration are all controlled by the Government, they are holders of offices of profit under the Government and are thus disqualified by Article 191 of the Constitution from being chosen as members of the Legislative Assembly. The rejection of their nomination papers was valid.

Parties
Appellant: M. Ramappa; Respondents: S. Angappa and Others
Jurisdiction
India
Judgment Date
21 August 1958
Procedural Posture
Civil Appeal / Appeal From the Judgment and Order Dated February 26, 1958, of the Mysore High Court in Misc. Appeal No. 142 of 1957
Outcome
Appeal allowed.
Legal Topics
Office of Profit Under Government, Disqualification for Legislative Assembly Membership, Hereditary Village Offices, Interpretation of Representation of the People Act, 1951, Interpretation of Mysore Village Offices Act, 1908
Election Law Constitutional Law Office of Profit Under Government Disqualification for Legislative Assembly Membership Hereditary Village Offices Interpretation of Representation of the People Act, 1951 Interpretation of Mysore Village Offices Act, 1908

Case Brief

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Parties

M. Ramappa

Appellant

S. Angappa and Others

Respondents

Procedural Posture

Civil Appeal / Appeal From the Judgment and Order Dated February 26, 1958, of the Mysore High Court in Misc. Appeal No. 142 of 1957

Legal Issues

  1. 1 Whether hereditary village officers (Patels and Shanbhogs) are holders of offices of profit under the Government and therefore disqualified under Article 191 of the Constitution from membership of the State Legislative Assembly

Ratio Decidendi

Patels and Shanbhogs, even though having a hereditary claim, do not occupy office except by appointment by the Government. As their duties, appointment, supervision, removal and remuneration are all controlled by the Government, they are holders of offices of profit under the Government and are thus disqualified by Article 191 of the Constitution from being chosen as members of the Legislative Assembly. The rejection of their nomination papers was valid.

Court Disposition

Appeal allowed.

Orders

  • The judgment and order of the High Court are set aside.
  • The judgment and order of the Election Tribunal are restored.