Case Note & Summary
The dispute arose from an election challenge to the appellant's election to the Orissa Legislative Assembly, where the first respondent alleged corrupt practices under the Representation of the People Act, 1951. The election was held on February 27, 1957, and the appellant was declared elected on March 5, 1957, receiving 17,700 votes against the first respondent's 15,568 votes. The first respondent filed an election petition claiming that the appellant had committed corrupt practices by obtaining assistance from Sarpanches of Grama Panchayats. The Election Tribunal dismissed the petition, but the High Court allowed the appeal, declaring the election invalid on the grounds that a Sarpanch was a person in the service of the Government. The Supreme Court, however, found that a Sarpanch does not meet the criteria of being in the service of the Government as defined in Section 123(7)(f) of the Act, emphasizing the distinction between 'serving under' and 'in the service of' the Government. The court concluded that the High Court erred in its interpretation, leading to the allowance of the appeal and dismissal of the election petition.
Headnote
A) Election Law - Corrupt Practice - Definition of 'person in service of Government' - Representation of the People Act, 1951, Section 123(7)(f) - The court held that a Sarpanch of Grama Panchayat in Orissa is not considered a person in the service of the Government as he is neither appointed nor paid by the Government, and does not fulfill the criteria of being a revenue officer or village accountant as specified in the Act. The distinction between 'serving under the Government' and 'in the service of the Government' was emphasized, leading to the conclusion that the election of the appellant could not be invalidated on the grounds of corrupt practice (Paras 1-2).
Issue of Consideration
Whether a Sarpanch of Grama Panchayat is a person in the service of the Government under Section 123(7)(f) of the Representation of the People Act, 1951.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's decision, and dismissed the election petition, ruling that the Sarpanch was not in the service of the Government as per Section 123(7)(f).
Law Points
- Corrupt practice
- election petition
- service of government
- Sarpanch
- Representation of the People Act
- 1951
- Orissa Grama Panchayats Act
- 1948
