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PETITIONER: MAULANA ABDUL SHAKUR
Vs.
RESPONDENT: RIKHAB CHAND AND ANOTHER
DATE OF JUDGMENT: 12/09/1957
BENCH: KAPUR, J.L. BENCH: KAPUR, J.L. DAS, SUDHI RANJAN (CJ) AIYYAR, T.L. VENKATARAMA SINHA, BHUVNESHWAR P. SARKAR, A.K.
CITATION: 1958 AIR 52 1958 SCR 387
ACT: Election Dispute-Disqualification for Election-"Office of Profit under Government "-Manager of Durgah Khwaja Saheb School, if holds office of Profit under Government-Durgah Khwaja Saheb Act, 1955 (XXXVI Of 1955), ss. 4(1), 5, 6, 9, 11, 20Constitution of India, Art. 102(1) (a).
HEADNOTE: The appellant was the manager of a school run by a committee of management formed under the provisions of the Durgah Khwaja Saheb Act, 1955. He was appointed by the administrator of Durgah Khwaja Saheb and was being paid Rs. 100 per month. He was elected to the Council of States by the Electoral College of Ajmer and the unsuccessful candidate, the first respondent, challenged the election on the ground that the appellant wag holding an office of profit under the Government at the time of the election and was, therefore, disqualified to be chosen as a member of Parliament in view of Art. 102(1) (a) of the Constitution of India. It was contended for the first respondent inter alia that as under ss. 5 and 9 of the Act the Government of India had the power of appointment and removal of members of ...