Supreme Court of India

State Election Commissioner, Bihar Patna & Others v. Janakdhari Prasad and Others

Neutral citation
Reported as [2018] 5 S.C.R. 112
Bench Dipak Misra, A. M. Khanwilkar and Dr. D. Y. Chandrachud JJ.
Decided 3 July 2018

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

In view of the above reasons, we must hold that the appellant was not disqualified for election under Article 191 of the Constitution.

Judgment, page 17

From the headnote

Bihar Panchayat Raj Act, 1993 – s.139(1)(c) – Disqualification – Election of respondent to the post of member in the Panchayat Samiti – Disqualified by the Election Commis sion – Disqualification on the ground that respondent was a ppointed as Assistant Government Advocate under the State Gover nment and was receiving fees for the cases conducted by him f rom the Government and hence, was deemed to be in service of the State – High Court set aside the order – Division Bench upheld the same – On appeal, held: There was no master-servant relati onship – Respondent was not amenable to any

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