NABAGHAN SAHU Vs. ELECTION OFFICER MUKUNDAPUR GRAMA PANCHAYAT

JUDGEMENT

(1.) THE only point urged by Mr. Mohantv in this writ application is that opposite party No. 4 held an office of profit under the Central Government and as such was disaualified for being elected or nominated as Sarpanch. Facts material to this contention mav only be narrated.

(2.) NOMINATIONS were invited from candidates intending to contest election to the office of Sarpanch for Mukundapur Grama Panchayat in the district of Cuttack. 13th of May, 1970 was fixed as the last date for filing nominations. The petitioner and opposite parties Nos. 4 to 6 filed nominations. The same were scrutinised on 13th of May, 1970. The petitioner opposed the nomination of opposite party No. 4 alleging that he was hold-ins an office of profit under the Central Government as a sub-Postmaster in Mukundapur village post office. The objection was overruled and the nomination of opposite party No. 4 was accepted. Polling was done on 10th of June. 1970. On 13th of June, 1970 the Election Officer declared opposite party No. 4 to have been elected as Sarpanch. The writ application has been filed to set aside the election after declaring it to be void. Opposite party No. 4 in his counter affidavit states that at the time of filing the nomination and election he was working as an extra-departmental agent in the branch post office in Mukundapur village and was getting an allowance of Rs. 53/per month to work as an agent and that he had never been appointed to hold any office of profit as Sub-Postmaster.

(3.) THE sole question for determination is whether a person working as an extra departmental agent in a branch post office on a monthly allowance holds an office of profit under the Central Government.