Case Note & Summary
The dispute arose out of the election to the Haryana Legislative Assembly from the Ambala Cantonment Constituency held in March 1972. The appellant and respondent were rival candidates; the respondent was declared elected. The appellant challenged the election by an election petition and also filed a separate writ petition under Article 226 of the Constitution, contending that the respondent's nomination papers had been improperly and illegally accepted because he was holding an office of profit under the State Government, being the Chairman of the Ambala Improvement Trust. The appellant further pleaded that clause (i) of Section 2 of the Punjab State Legislature (Prevention of Disqualification) Act, 1952, inserted by Haryana Amendment Act 25 of 1969, which purported to take the office of Chairman of an Improvement Trust out of the purview of an office of profit, was invalid as it offended Article 14 of the Constitution. The High Court dismissed both the writ petition and the election petition, leading to the present appeals by special leave. At the material time, the respondent was Chairman of the Ambala Improvement Trust, appointed by the State Government under Sections 4 and 5 of the Punjab Town Improvement Act by notification dated May 21, 1970. He received a salary of Rs. 1,000 per month plus dearness and conveyance allowances; the power of appointment and removal vested in the State Government; and his remuneration was paid out of public revenues. These attributes made the office an office of profit. The Haryana Legislature, acting under Article 191 of the Constitution, enacted Amendment Act 25 of 1969 inserting clause (i) in Section 2 of the 1952 Act, exempting the Chairman of an Improvement Trust and the Chairman of the State Agricultural Marketing Board from disqualification for membership of the Haryana Legislative Assembly. The core legal issues were whether the impugned clause (i) was discriminatory and invalid under Article 14, and whether the office of Chairman of Improvement Trust was an office of profit. The appellant's counsel contended that the provision discriminated against members of the Trust appointed under Section 4(1)(c) of the Improvement Act and created an unreasonable classification between members of statutory bodies under clause (e) and the Chairman under clause (i). The court held that the office of Chairman was indeed an office of profit, but clause (i) validly removed the disqualification. On the Article 14 challenge, the court found no discrimination because members of the Trust were already exempted under clause (e), which covers members of statutory bodies who do not receive salary but only travelling and daily allowances. The court emphasized that Article 191(1)(a) confers a wide power on the State Legislature to declare by law which offices of profit shall not disqualify, and that classification is left primarily to legislative discretion. The court would interfere only if the exemptive power was exercised unreasonably, without due restraint, or in a manner draining out Article 191(1)(a) of its real content or disregarding constitutional guarantees. Since the Chairman's status and responsibilities differ from those of members, the separate classification was reasonable and did not offend equal treatment. Accordingly, the Supreme Court dismissed the appeals and upheld the validity of the impugned provision, affirming the High Court's dismissal of the writ petition and election petition, with costs hearing fee limited to one set.
Headnote
A) Constitutional Law - Legislative Exemptive Power - Office of Profit Disqualification - Constitution of India, 1950, Article 191(1)(a) - The court held that Article 191(1)(a) gives a wide power to the State Legislature to declare by law what office or offices of profit held under the Government shall not disqualify the holder thereof from being chosen or for being a member of the State Legislature. Classification of such offices for the purpose of removing the disqualification is left primarily to legislative discretion, and so long as this exemptive power is exercised reasonably, with due restraint, and in a manner which does not drain out Article 191(1)(a) of its real content or disregard any constitutional guarantee or mandate, the court will not interfere. Held that the impugned provision did not justify invocation of extraordinary powers under Article 226. (Paras not mentioned) B) Constitutional Law - Equality and Classification - Reasonable Classification Between Chairman and Members of Statutory Bodies - Constitution of India, 1950, Article 14; Punjab State Legislature (Prevention of Disqualification) Act, 1952, Section 2(i) and Section 2(e) - The court held that the insertion of clause (i) removing disqualification for Chairman of Improvement Trust was not discriminatory because members of the Trust appointed under Section 4(1)(c) of the Improvement Act had already been exempted under clause (e) of Section 2 of the 1952 Act, which covers members of statutory bodies not in receipt of salary but only travelling and daily allowance. The status, administrative responsibilities and other conditions of the office of Chairman of Improvement Trust differ from those of members of the Trust or other statutory bodies; therefore, placing Chairmen in clause (i) as a class separate from members in clause (e) does not offend the guarantee of equal treatment under Article 14. Held that no discrimination was made out. (Paras not mentioned) C) Election Law - Disqualification for Office of Profit - Chairman of Improvement Trust - Punjab Town Improvement Act, Sections 4 and 5; Punjab State Legislature (Prevention of Disqualification) Act, 1952, Section 2(i) as inserted by Haryana Amendment Act 25 of 1969 - The office of Chairman of Ambala Improvement Trust was held to be an office of profit because the Chairman received salary of Rs. 1,000 per month plus allowances, appointment and removal vested in the State Government, and remuneration was paid out of public revenues. However, clause (i) expressly provided that a person holding the office of Chairman of an Improvement Trust constituted under the Punjab Town Improvement Act does not incur disqualification for being chosen as and for being a member of the Haryana State Legislative Assembly. Held that the provision is valid and the appeals were dismissed with costs. (Paras not mentioned)
Issue of Consideration
Whether clause (i) in Section 2 of the Punjab State Legislature (Prevention of Disqualification) Act, 1952, inserted by Haryana Amendment Act 25 of 1969, is discriminatory and invalid under Article 14 of the Constitution of India; and whether the office of Chairman of an Improvement Trust constituted under the Punjab Town Improvement Act is an office of profit under the State Government.
Final Decision
Appeals dismissed. The Supreme Court upheld the validity of clause (i) in Section 2 of the Punjab State Legislature (Prevention of Disqualification) Act, 1952, inserted by Haryana Amendment Act 25 of 1969, holding that it did not offend Article 14 of the Constitution. The office of Chairman of Improvement Trust, though an office of profit, was validly exempted from disqualification under Article 191(1)(a) of the Constitution. Costs with hearing fee limited to one set were awarded against the appellant.
Law Points
- Article 191(1)(a) of the Constitution of India gives wide power to State Legislature to declare by law which offices of profit under the government shall not disqualify the holder from being chosen as or for being a member of the State Legislature
- Classification of such offices for removing disqualification is left primarily to legislative discretion
- Court will not interfere unless the exemptive power is exercised unreasonably
- without due restraint
- or in a manner that drains out Article 191(1)(a) of its real content or disregards any constitutional guarantee or mandate
- Office of Chairman of Improvement Trust is an office of profit but validly exempted
- Separate classification of Chairman of Improvement Trust from members of the Trust and other statutory bodies does not offend Article 14
- Members of Trust already exempted under Section 2(e) of Punjab State Legislature (Prevention of Disqualification) Act
- 1952
