LAWS(GAU)-2010-9-8

AMINUL HAQUE Vs. ASSAM STATE ELECTION COMMISSIONER

Decided On September 17, 2010
AMINUL HAQUE Appellant
V/S
ASSAM STATE ELECTION COMMISS-IONER Respondents

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 (for short "the Act") is reproduced below and it reads as follows:-

(3.) ON 27.9.1999 the Secretary in the Education Department, Government of Assam directed the Director of Elementary Education to cancel the regularization order. In pursuance of the directions so given, the Director of Elementary Education cancelled the order regularizing the services of Choudhury and others by an order dated 25.11.1999.