K P SINGH Vs. S K GOKHALE

JUDGEMENT

(1.) THE petitioner was elected a Panch of the Gram Panchayat, Bahoribund in the elections held in 1965. THE petitioner's election was challenged by an election petition filed by the respondent No. 1. By an order passed on 3rd May, 1968 the election petition was allowed by the Sub-Divisional Officer, Sihora on the sole ground that the petitioner was not eligible to be a Panch because he was a Patel and thus in the service of the State Government. THE petitioner by this petition under Article 226 of the Constitution prays for the quashing of the order of the Sub-Divisional Officer.

(2.) SHRI Jain learned counsel for the petitioner does not dispute that the petitioner was appointed a Patel under the Madhya Pradesh Land Revenue Code, 1959 but he contends that Patel is not a person who can be said to be in the service of the State Government and therefore the petitioner was not dis- qualified for being chosen as a Panch.

(3.) THE words "in the service of the Government" import a relationship of master and servant. THEse words were construed and distinguished from the words "serving under the Government" by the Supreme Court in K.G.Deo Bhani v Raghunath Mishra ; AIR 1959 SC 589, where their Lordships observed as follows: