AMINUL HAQUE Vs. ASSAM STATE ELECTION COMMISSIONER

JUDGEMENT

(1.) THE question for consideration is whether respondent No. 4 (Md. Raihan Choudhury) held a "service of profit" within the expression as used in section 111(e) of the Assam Panchayat Act, 1994 when he filed his nomination paper on 20th December, 2007 for election as a member of the Zilla Parishad. In our opinion, the answer must be in the affirmative. The consequence is that it was rightly held by the Returning Officer that he was disqualified from contesting that election.

(2.) FOR easy reference, section 111(e) of the Assam Panchayat Act, 1994 ('the Act') is reproduced below and it reads as follows :

(3.) ON 6.5.1999 the services of Choudhury were regularized as an Assistant Teacher with effect from 24.4.1998 along with several others.