RAJA BAHADUR K. C. DEO BHANJ versus RAGHUNATH MISRA AND OTHERS

RAJA BAHADUR K. C. DEO BHANJ versus RAGHUNATH MISRA AND OTHERS

A Sarpanch of a Grama Panchayat in Orissa is not in the service of the Government, nor is he a revenue officer or village accountant within the meaning of s. 123(7)(f) of the Representation of the People Act, 1951. Therefore, obtaining the assistance of Sarpanch does not amount to corrupt practice under s. 123(7).

Parties
Appellant: Raja Bahadur K. C. Deo Bhanj; Respondent No. 1: Raghunath Misra; Respondents: Others
Jurisdiction
India
Judgment Date
18 December 1958
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From High Court Decision Setting Aside Election
Outcome
Appeal allowed
Legal Topics
Corrupt Practices, Election Petitions, Representation of the People Act, Qualification/disqualification of Candidates, Interpretation of 'in the Service of the Government'
Election Law Corrupt Practices Election Petitions Representation of the People Act Qualification/disqualification of Candidates Interpretation of 'in the Service of the Government'

Case Brief

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Parties

Raja Bahadur K. C. Deo Bhanj

Appellant

Raghunath Misra

Respondent No. 1

Others

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From High Court Decision Setting Aside Election

Legal Issues

  1. 1 Whether a Sarpanch of a Grama Panchayat in Orissa is a person in the service of the Government and within the class specified in s. 123(7)(f) of the Representation of the People Act, 1951, so as to attract disqualification for corrupt practices under the Act

Ratio Decidendi

A Sarpanch of a Grama Panchayat in Orissa is not in the service of the Government, nor is he a revenue officer or village accountant within the meaning of s. 123(7)(f) of the Representation of the People Act, 1951. Therefore, obtaining the assistance of Sarpanch does not amount to corrupt practice under s. 123(7).

Court Disposition

Appeal allowed

Orders

  • High Court judgment set aside
  • Respondent No. 1's election petition dismissed