RABINDRA KR. NAYAK vs COLLECTOR,MAYURBHANJ, ORISSA . — C.A. No. 943/1999

Case Summary: Rabindra Kr. Nayak v. Collector, Mayurbhanj (1999) The Supreme Court upheld the disqualification of Rabindra Nayak from his position as Chairman of Moroda Panchayat Samiti, holding that his provisional appointment as Assistant Public Prosecutor constituted an "office of profit" under Section 45(1)(i) of the Orissa Panchayat Samiti Act, 1959, rendering him ineligible. The Court rejected the argument that temporary appointments lack permanency, clarifying that permanency attaches to the office itself, not the tenure of individual holders. The Court also confirmed that disqualification proceedings under Section 45-B are maintainable even after election results, with different scope and procedures than election petitions under Section 44-A. This case analysis is maintained by casestatus.in based on publicly available court records.