MADHUKER G. E. PANKAKAR versus JASWANT CHOBBILDAS RAJANI & ORS.

MADHUKER G. E. PANKAKAR versus JASWANT CHOBBILDAS RAJANI & ORS.

A private medical practitioner who is on the panel of doctors under the Employees State Insurance Scheme does not hold an office of profit under the Government in the sense required for disqualification under s. 16(1)(g) of the Maharashtra Municipalities Act, 1965, as the position lacks the substantive, independent, and permanent attributes of an 'office' held under Government and is not connected in the plenary sense with government control or government revenue.

Parties
Appellant: Madhuker G. E. Pankakar; Respondent: Jaswant Chobbildas Rajani; Mrs. Veena Khanna; K. R. Chaudhury; K. Rajendra Chaudhury; V. N. Ganpule; P. H. Parekh; (Miss) Manju Jetley; M. N. Shroff
Jurisdiction
India
Judgment Date
23 March 1976
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From Joint Judge at Thana in Election Petitions
Outcome
Appeals allowed. The order setting aside the appellant's election is reversed. No order as to costs.
Legal Topics
Disqualification From Municipal Elections, Office of Profit Under Government, Interpretation of Maharashtra Municipalities Act, 1965
Election Law Municipal Law Disqualification From Municipal Elections Office of Profit Under Government Interpretation of Maharashtra Municipalities Act, 1965

Case Brief

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Parties

Madhuker G. E. Pankakar

Appellant

Jaswant Chobbildas Rajani

Respondent

Mrs. Veena Khanna

K. R. Chaudhury

K. Rajendra Chaudhury

V. N. Ganpule

P. H. Parekh

(Miss) Manju Jetley

M. N. Shroff

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From Joint Judge at Thana in Election Petitions

Legal Issues

  1. 1 Whether a private medical practitioner on the panel of doctors under the Employees State Insurance Scheme holds an 'office of profit' under the Government for the purpose of disqualification under s. 16(1)(g) of the Maharashtra Municipalities Act, 1965.
  2. 2 Whether the invalidation of an election due to such disqualification can be raised under s. 21 of the Act.

Ratio Decidendi

A private medical practitioner who is on the panel of doctors under the Employees State Insurance Scheme does not hold an office of profit under the Government in the sense required for disqualification under s. 16(1)(g) of the Maharashtra Municipalities Act, 1965, as the position lacks the substantive, independent, and permanent attributes of an 'office' held under Government and is not connected in the plenary sense with government control or government revenue.

Court Disposition

Appeals allowed. The order setting aside the appellant's election is reversed. No order as to costs.

Orders

  • The appeals are allowed. The order voiding the appellant's election and declaring the respondent elected is set aside.
  • In the connected appeal (C.A. No. 1270 of 1975), the same result follows; the parties will bear their own costs throughout.