ABDUL REHMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Miscellaneous Case is filed by the accused in Crime No. 43/98 registered by the Sub Inspector of Police, Kasaba Police Station, Palakkad, alleging the offence punishable under S.134A of the Representation of the People Act, 1951 (fat short the Act') to quash the entire proceedings under S.482 of the Code of Criminal Procedure.

(2.) The allegation made against the petitioner is that the petitioner herein, who is an employee in the Indian Telephone Industries which is a semi Government concern, acted as potting agent for Shri. V.S. Vijayaraghavan, a candidate in the General Election held on 28.2.1998 in polling booth No. 77 Pudussery U.P. School, and as such he committed the offence alleged against him.

(3.) The petitioner has contended that he is only an employee in the Indian Telephone Industries which is a company under the Government of India the employees of which are not Government servants and, therefore, he was not in the service of the Government so as to attract the offence punishable under S.134A of the Act. The only question to be considered in this case is whether the petitioner is in the service of the Government so as to attract the provisions of S.134A of the Act.