SULTAN SADIK Vs. SANJAY RAJ SUBHA

JUDGEMENT

(1.) THE appellant herein was elected from 110 Naoboicha Legislative Assembly Constituency in the State of Assam. An election petition was filed by the first respondent herein questioning the election of the appellant in terms of Sections 110(1) of the Representation of the People Act, 1951 (hereinafter referred to and called as 'the said Act', for the sake of brevity), on the ground that he stood disqualified being the holder of a post of profit under the State of Assam. Background Facts :

(2.) THE appellant was said to have been appointed as an Assistant Teacher i 'Prabha Chariali M.E. Madarassa School' (hereinafter referred to as 'the said School'). He was working therein as an Assistant Teacher without any remuneration. Primary education is imported in the said School. It appears that the primary education in the State of Assam used to be governed by three Acts, known as 'Assam Basic Education Act, 1954', Assam, Elementary Education Act, 1962' and 'Assam Elementary Education Act, 1968'.

(3.) SECTION 27(1) of the 1974 Act provides for rule making power. Pursuant toor in furtherance thereof. the State of Assam made rules for regulating the terms and conditions of services of teachers of elementary schools and employees employed therein known as 'the Assam Elementary Education (Provincialisation) Service and Conduct Rules, 1981 (hereinafter referred to as 'the 1981 Rules').