UMRAO SINGH versus DARBARA SINGH & ORS.

UMRAO SINGH versus DARBARA SINGH & ORS.

The allowances paid to the Chairman of Panchayat Samiti under Rules 3 to 7 of the 1965 Rules are compensatory in nature and are intended to ensure the Chairman does not bear expenses out of his own pocket while discharging official duties. The appellant failed to show that such allowances resulted in any profit or...

Source-derived case information.

Parties
Appellant: Umraosingh; Respondent: Darbara Singh; Respondent: Others
Jurisdiction
India
Judgment Date
25 July 1968
Procedural Posture
Civil Appeal / Supreme Court Appeal From Punjab and Haryana High Court (election Petition No. 28 of 1967)
Outcome
Appeal dismissed with costs.
Legal Topics
Office of Profit Under Government, Disqualification From Legislative Assembly, Allowances for Panchayat Samiti Chairman
Constitutional Law Election Law Office of Profit Under Government Disqualification From Legislative Assembly Allowances for Panchayat Samiti Chairman

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Parties

Umraosingh

Appellant

Darbara Singh

Respondent

Others

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From Punjab and Haryana High Court (election Petition No. 28 of 1967)

Legal Issues

  1. 1 Whether the office of Chairman of a Panchayat Samiti receiving allowances constitutes an office of profit under the Government for disqualification under Article 191 of the Constitution.

Ratio Decidendi

The allowances paid to the Chairman of Panchayat Samiti under Rules 3 to 7 of the 1965 Rules are compensatory in nature and are intended to ensure the Chairman does not bear expenses out of his own pocket while discharging official duties. The appellant failed to show that such allowances resulted in any profit or pecuniary gain. Therefore, the office is not one of profit under the Government, and no disqualification arises under Article 191.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal is dismissed with costs.