Case Note & Summary
The dispute arose from the election of the appellant, a Scheduled Tribe member, to the Lok Sabha from the Dadra and Nagar Haveli constituency. The appellant, a temporary Government servant, submitted his resignation on November 21, 1984, intending to contest the elections. He enclosed a demand draft for one month’s salary as per his appointment conditions. The resignation was not accepted immediately, leading to a contention that he held an office of profit, disqualifying him under Article 102 of the Constitution. The High Court initially ruled against the appellant, declaring his election void. The Supreme Court, however, found that the resignation was valid and effective before the nomination was filed, thus he did not hold an office of profit at that time. The court emphasized that the resignation complied with the conditions set forth in his appointment order and that the Returning Officer had rightly accepted his nomination. The appeal was allowed, affirming the appellant's election.
Headnote
A) Constitutional Law - Disqualification for Membership - Office of Profit - Constitution of India, 1950, Article 102(1)(a) - The appellant's resignation was deemed effective prior to the nomination filing, thus he did not hold an office of profit. The court held that the resignation was valid under the conditions of his appointment, allowing him to contest the election (Paras 1-3).
Issue of Consideration
Whether the appellant held an office of profit under the Government at the time of filing the nomination.
Final Decision
The Supreme Court allowed the appeal, ruling that the appellant's resignation was valid and effective before the nomination was filed, thus he did not hold an office of profit under the Government at that time.
Law Points
- Disqualification for Membership
- Office of Profit
- Resignation Validity
- Central Civil Services Rules
- Election Petition
Case Details
Civil Appeal No. 1632 of 1985
Venkataramiah, E.S., Thakkar, M.P.
1987 AIR 1293, 1987 SCR (2) 635, 1987 SCC (2) 262, JT 1987 (1) 767, 1987 SCALE (1) 608
Ram Jethmalani, Kapil Sibbal, Karanjawala, Mrs. R. Karanjawala, Ejaz Mazbool, Ms. Priya Jaitley, T.S. Krishnamurthy Iyer, S.D. Lal, H.K. Puri
Ramjibhai Petiyabhai Mahala & Ors.
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Nature of Litigation
Election petition challenging the election of the appellant.
Remedy Sought
The appellant sought to validate his election and contest the disqualification claim.
Filing Reason
The appellant filed the case after his election was declared void by the High Court.
Previous Decisions
The High Court ruled against the appellant, declaring his election void due to alleged disqualification.
Issues
Whether the appellant held an office of profit at the time of filing the nomination.
Whether the resignation was valid and effective prior to the nomination.
Submissions/Arguments
The appellant argued that his resignation was effective immediately and he did not hold an office of profit.
The respondent contended that the appellant's resignation was not accepted and he was still a government servant.
Ratio Decidendi
The court held that the resignation was valid under the conditions of the appointment, and the appellant did not hold an office of profit at the time of filing the nomination, thus he was eligible to contest the election.
Judgment Excerpts
The letter of resignation dated November 21, 1984 cannot be treated as one submitted under Rule 5(1) of the Central Civil Services (Temporary Service) Rules, 1965.
The resignation contemplated under Condition No. 6 is not the same as the letter of resignation which may be submitted by a government servant on the acceptance of which he ceases to be a government servant.
The Returning Officer had rightly overruled the objection and accepted his nomination paper.
Procedural History
The appellant's election was challenged by the respondent in an election petition, leading to a High Court ruling that declared the election void. The Supreme Court remitted the case back to the High Court for further findings on additional issues, which were subsequently ruled against the appellant before the appeal was heard again.
Acts & Sections
- Constitution of India: Article 102
- Representation of People Act: Section 116
- Central Civil Services (Temporary Services) Rules: Rule 5(1)(a)
