MAULANA ABDUL SHAKUR versus RIKHAB CHAND AND ANOTHER

MAULANA ABDUL SHAKUR versus RIKHAB CHAND AND ANOTHER

The appellant held his appointment under a statutory committee (a body corporate constituted under the Durgah Khwaja Saheb Act, 1955), not directly under the Government of India. Neither his appointment nor removal nor salary were controlled by the Government of India, and his services were rendered to the statutory body with funds not from Government revenues. Therefore, he was not holding an office of profit under the Government of India within the meaning of Article 102(1)(a), and his election was valid.

Parties
Appellant: Maulana Abdul Shakur; Respondent No. 1: Rikhab Chand Jain; Respondent No. 2: Another
Jurisdiction
India
Judgment Date
12 September 1957
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Election Tribunal, Ajmer, Judgment and Order Dated January 31, 1957
Outcome
Appeal allowed.
Legal Topics
Office of Profit, Disqualification for Election, Interpretation of Constitution Article 102(1)(a), Statutory Body Under Government
Election Law Constitutional Law Office of Profit Disqualification for Election Interpretation of Constitution Article 102(1)(a) Statutory Body Under Government

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Parties

Maulana Abdul Shakur

Appellant

Rikhab Chand Jain

Respondent No. 1

Another

Respondent No. 2

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Election Tribunal, Ajmer, Judgment and Order Dated January 31, 1957

Legal Issues

  1. 1 Whether the appellant held an office of profit under the Government of India at the time of the nomination and election, thereby attracting disqualification under Article 102(1)(a) of the Constitution of India.

Ratio Decidendi

The appellant held his appointment under a statutory committee (a body corporate constituted under the Durgah Khwaja Saheb Act, 1955), not directly under the Government of India. Neither his appointment nor removal nor salary were controlled by the Government of India, and his services were rendered to the statutory body with funds not from Government revenues. Therefore, he was not holding an office of profit under the Government of India within the meaning of Article 102(1)(a), and his election was valid.

Court Disposition

Appeal allowed.

Orders

  • Order of the majority of the Election Tribunal set aside.
  • Appellant’s election declared valid.