M RAMAPPA Vs. SANGAPPA

JUDGEMENT

(1.) The question for decision in this appeal is whether certain persons were holders of offices of profit under the Government and were therefore disqualified under Art. 191 of the Constitution, for being chosen as members of a legislative assembly. It arises out of a petition presented under the Representation of the People Act, 1951 for a declaration that the election of the appellant was void.

(2.) The election with which the case is concerned, was held on 8th March 1957 for choosing members for the Mysore State Legislative Assembly. One of the constituencies for the purposes of election to that Assembly was known as Harihar. The nomination papers filed by three persons, namely, Hanumanthappa, Siddappa and Guru Rao for election from that constituency were rejected by the Returning Officer on the ground that the first two of them were Patels and the third a Shanbhog of certain villages in Mysore and as such they were all holders of offices of profit under the Mysore government and consequently disqualified from membership of the Assembly under Art. 191. As a result of this rejection two candidates were left to contest the election and the appellant, who was one of them, was declared elected as he obtained the larger number of votes at the poll. Six electors of the Harihar constituency then filed the election petition for a declaration under S. 100 (1) (c) of the Representation of the People Act, 1951 that the election of the appellant was void on the ground that the nomination papers of Hanumanthappa, Siddappa and Guru Rao had been improperly rejected. If the rejection was improper the petition would have to be allowed. The appellant was the sole respondent to that petition. It was alleged in the petition that Patels and Shanbhogs were hereditary village officers and therefore were not holders of profit under the Government. It was said that they were really representatives of the village community, and only acted as agents of that community or as liaisons between it and the Government, and that in any event they were not holders of offices of profit because the amount of money receivable by them in respect of their offices was very small and out of all proportions to the work done by them. The petition was dismissed by the Election Tribunal by its order, dated 10th September 1957. It held that the conditions of service of Patels and Shanbhogs were regulated by the Mysore Village Offices Act, 1908, and that the mere fact that offices of Patels and Shanbhogs were hereditary was not by itself sufficient to establish that they were not offices under the Government. It also held that Hanumanthappa, Siddappa and Guru Rao were in receipt of considerable remuneration and were, therefore, holding offices of profit. The six petitioners then appealed to the High Court of Mysore. The High Court by its judgment, dated 26th February 1958, allowed the appeal and held that the offices of Patels and Shanbhogs were not offices under the Government. The election of the appellant was thereupon declared void. It is from this judgment that the present appeal to this Court has been taken with a certificate granted under Art. 133 (1) (c) of the Constitution. One of the six petitioners being dead, the remaining five are the respondents in this appeal.

(3.) There is no dispute that Hanumanthappa and Siddappa held the offices of Patels and as remuneration for their services lands had been allotted to them and provision for cash allowances made. Likewise it is not disputed that Guru Rao was a Shanbhog and had cash remuneration provided to him for his services. It is also clear and not challenged that Patels and Shanbhogs have specific duties to perform and are holders of offices. The only point for determination in this appeal is whether they are holders of offices under the Mysore Government.