Case Note & Summary
The petitioner, Tukaram Kshemchandra Redkar, has been working as a primary teacher in a Government Aided School managed by Shree Susenashram Education Society since 25/09/1989. The school was taken over by the Government under Section 20(1) of the Goa, Daman and Diu School Education Act, 1984, with effect from 04/05/2010. In October 2010, elections were held for the Mormugao Municipal Council, and the petitioner filed his nomination. He was declared elected as a Councilor for Ward No. 5 on 31/10/2010. The respondent, Sanjay Shankar Mandrekar, challenged the petitioner's election by filing an Election Petition under Section 22 of the Goa Municipalities Act, 1969, before the District Court at Margao. The respondent alleged that the petitioner was disqualified under Section 16 of the Municipalities Act because he was employed as a primary teacher in a Government Aided School, the management of which had been taken over by the Government, and thus held an Office of Profit under the Government. The petitioner contested the petition, arguing that he was an employee of the Society, not the Government, and did not hold any office of profit under the Government. The Trial Court, by judgment dated 21/10/2013, allowed the election petition and set aside the petitioner's election. The petitioner then filed the present writ petition before the High Court. The High Court examined the provisions of the Goa, Daman and Diu School Education Act, 1984, particularly Section 20, which deals with the taking over of management of schools. The Court noted that the taking over of management does not result in the transfer of employment of teachers to the Government. The teachers continue to be employees of the Society, and their salaries are paid by the Government only by way of grant-in-aid. The Court held that the petitioner does not hold an Office of Profit under the Government and therefore is not disqualified under Section 16 of the Municipalities Act. The High Court allowed the writ petition, set aside the Trial Court's order, and dismissed the election petition.
Headnote
A) Municipal Law - Disqualification - Office of Profit - Section 16 of Goa Municipalities Act, 1969 - Teacher in Government Aided School - The petitioner, a primary teacher in a Government Aided School taken over by the Government under Section 20 of the Goa, Daman and Diu School Education Act, 1984, was declared elected as a Municipal Councilor. The respondent challenged the election on the ground that the petitioner held an Office of Profit under the Government and was disqualified. The Trial Court set aside the election. The High Court held that the teacher is not an employee of the Government but of the Society managing the school, and the mere taking over of management does not make the teacher a government employee. The teacher does not hold an Office of Profit under the Government. (Paras 4-10)
Issue of Consideration
Whether a primary teacher in a Government Aided School, whose management has been taken over by the Government, holds an Office of Profit under the Government so as to be disqualified from contesting municipal elections under Section 16 of the Goa Municipalities Act, 1969.
Final Decision
The High Court allowed the writ petition, set aside the judgment and order dated 21/10/2013 passed by the learned District Judge – I, South Goa, Margao in Election Petition No. 1/2010/I, and dismissed the election petition.
Law Points
- Office of Profit
- Disqualification
- Municipal Election
- Government Aided School
- Teacher
- Section 16 Goa Municipalities Act
- 1969
- Section 20 Goa School Education Act
- 1984
