SURYA KANT ROY Vs. IMAMUL HAK KHAN

JUDGEMENT

(1.) This appeal by one of the unsuccessful candidates in the election held to the Legislative Assembly of Bihar State from the Baghmara constituency is against the dismissal of his election petition questioning the respondent's election by the High Court at Patna.

(2.) Only two questions were argued before us (1) that the respondent was disqualified for standing for the election as he held an office of profit under the Government of Bihar, and (2) that he obtained the services of a Sub-Inspector of Police for the furtherance of the prospects of his election.

(3.) The facts relating to the first question are these:Under the Bihar and Orissa Mining Settlement Act, 1920 a Board called the Mines Board of Health may be established to provide for the control and sanitation of an area within which persons employed in a mine reside and for the prevention therein of the outbreak and spread of epidemic diseases. Before the area is declared to be a mining settlement for the purposes of the Act certain prescribed formalities like receiving objections etc. have to be observed. The Board is a body corporate having perpetual succession and a common seal with power to hold and acquire property. It consists of not less than seven and not more than eleven members of whom not less than two and not more than four are elected by owners of mines within the mining settlement, three non-officials selected by the State Government and two or more members but not exceeding four nominated by the State Government. The Chairman of the Board is to be appointed by the State Government from among the members of the Board. A fund called "The Mining Settlement Fund" is formed for every mining settlement and the fund vests in the Board. The fund consists of sums charged by the Board under the Act from land owners etc. as also sums allotted to the Board from the State revenues; sums -borrowed by the Board under the Local Authorities Loans, Act; grants received from Local Authorities, associations and private persons etc. The Board appoints Health Officers as well as Sanitary Inspectors. The Board can impose taxes like latrine tax and also make yearly assessment. There are certain powers conferred on the State Government under the Act but they are no more than powers conferred on State Governments in respect of various local bodies. The respondent was appointed by the Government as the Chairman of the Jharia Mines Board of Health.