Supreme Court · 2018 INSC 569 · Decided 3 July 2018
State Election Commissioner, Bihar Patna & Others v. Janakdhari Prasad and Others
- Court
- Supreme Court of India
- Citation
- 2018 INSC 569 · [2018] 5 S.C.R. 112
- Case number
- CIVIL APPEAL No. 1463/2008
- Decided
- 3 July 2018
- Bench
- DIPAK MISRA, D.Y. CHANDRACHUD, A.M. KHANWILKAR (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
Headnote
Bihar Panchayat Raj Act, 1993 - s.139(1)(c) - Disqualification - Election of respondent to the post of member in the Panchayat Samiti - Disqualified by the Election Commission - Disqualification on the ground as Assistant Government Advocate under the State Government and was receiving fees for the cases conducted by him from the Government and hence, was deemed to be in service of the State - High Court set aside the order - Division Bench upheld the same - On appeal, held:
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