SUSHILA TIRIA Vs. SAMBHUNATH NAYAK

JUDGEMENT

(1.) Petitioner was a candidate for the election held in March, 1985, to the Orissa Legislative Assembly from Jashipur Assembly Constituency in the district of Mayurbhanj. There were seven other candidates including the respondent contesting the election. The respondent having been declared elected, the petitioner has filed this application for declaring his election void on the ground that the respondent is disqualified for being chosen as a Member of the Legislative Assembly under Article 191(1) of the Constitution having held an office of profit under the State Government as the Headmaster of an aided educational institution.

(2.) THE case of the petitioner, in short, is that the respondent was the Headmaster of Dhatikia M. E. School which is an aided educational institution governed under the Orissa Education Act, 1969 ( hereinafter referred to as the Act ) and was thus holding an office of profit under the State Government. The case of the respondent is that on acceptance of his resignation by the Managing Committee of the School he no longer held any office and as such be was not disqualified as alleged in the election petition and the Headmaster of an aided educational institution governed under the Act is not an office of profit held under the State Government.

(3.) Whether on the date of election the respondent was disqualified to be chosen to fill the seat under the Constitution ?