MAN MOHAN DEO Vs. SM SHAILBALA ROY

JUDGEMENT

(1.) The appellant Man Mohan Deo, was a candidate for election as a member of the Bihar Legislative Assembly from the Deoghar constituency during the elections held in 1962. There were seven candidates to contest the seat. The nomination papers filed by the candidates other than the appellant were accepted as valid by the Returning Officer, but that of the appellant was rejected. The ground on which order was passed by the Returning Officer was that the appellant was a Ghatwal of the Rohini Estate which was a Government Ghatwali. He was thus the holder of an office of profit within the meaning of Article 191 (1) (a) of the Constitution and as such he was disqualified to be a candidate. His nomination was accordingly rejected under Section 36 (2) (a) of the Representation of the People Act, 1051.

(2.) After the election was over and the result announced, the appellant filed an election petition stating that his estate had already vested in the State of Bihar under the Bihar Land Reforms Act, 1950, and as such he had ceased to be a Ghatwal. The Election Tribunal, however, dismissed the election petition following a decision of this Court in Badri Narain Singh v. Kamdeo Prasad Singh, AIR 1961 Pat 41 In which it was laid down that even after the notification under the Bihar Land Reforms Act taking over the estate of the Ghatwal, the office of profit would continue; and as such, under Art. 191 of the Constitution, the Ghatwal would be disqualified from offering himself as a candidate for a seat in the Legislature.

(3.) When the appeal was heard by us, Mr. J. C. Sinha argued that the decision in Badri Narain Singh's case, AIR 1961 Pat 41 on which rested the decision of the Election Tribunal, was incorrect and the matter should be heard by a larger Bench. After having heard the respective contentions of the learned Counsel for the parties, we thought it proper to refer the matter to a larger Bench. The opinion of the majority of the Full Bench has been that when the estate of a Ghatwal including that of a Government Ghatwal is taken over by the State of Bihar under the Land Reforms Act, the office of profit of the Ghatwal no longer exists and as such he cannot be deemed to be suffering from any disqualification In regard to his candidature for a seat In the Legislature. The decision of this appeal accordingly would depend upon the answer returned by the majority of the Full Bench on the question referred to it for consideration.