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PETITIONER: RAJA BAHADUR K. C. DEO BHANJ
Vs.
RESPONDENT: RAGHUNATH MISRA AND OTHERS
DATE OF JUDGMENT: 18/12/1958
BENCH: IMAM, SYED JAFFER BENCH: IMAM, SYED JAFFER DAS, S.K. KAPUR, J.L.
CITATION: 1959 AIR 589 1959 SCR Supl. (1) 952 CITATOR INFO : E 1960 SC 122 (13)
ACT: Election-Corrupt Practice-Person in service of Government, obtaining assistance of-Sarpanch of Grama Panchayat in Orissa-Whether such a person- If Sarpanch is a revenue officer or a village accountant-Representation of the People Act, 1951 (43 of 1951), S. 123(7)(f) -Orissa Grama Panchayats Act, 1948 (Orissa XV of 1948).
HEADNOTE: The appellant was declared elected to the Orissa Legislative Assembly and the first respondent filed an election petition challenging the election, inter alia, on the ground that the appellant had committed the corrupt practice under S. 123(7)(f) Representation of the People Act, 1951, by obtaining the assistance of Sarpanches of certain Grama Panchayats for the furtherance of the prospects of his election. The petition was dismissed by the Election Tribunal but on appeal., was allowed by the High Court and the election was set aside. The High Court held that a Sarpanch was a person in the service of the Government with- in the meaning of s. I23(7)(f) Of the Act. Held, that a Sarpanch of Grama Panchayat in Orissa was not...