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TMI Blog1954 (5) TMI 33X X X X Extracts X X X X X X X X Extracts X X X X ..... squalified for being chosen as a Councillor under Section 14 of the Mysore Town Municipalities Act, 1951 (hereinafter called 'The Act'). The objection was overruled and both the candidates went to the poll. As a result of the voting, the appellant was declared elected and thereupon the respondent filed an election petition before the Sub-Judge, Tumkur, who was the Election Commr. constituted under the Act, praying that the election of the appellant might be set aside on the ground of his being a disqualified candidate within the meaning of Section 14 (1) (A) (a) (iii) of the Act. There was a further prayer that the respondent being the only other rival candidate should be declared duly elected at the election held in March 1952. 3. The Sub-Judge, by his order dated the 10th October 1952, dismissed the petition, holding 'inter alia', that the appellant, who as non-official Chairman of the Taluk Development Committee was entitled to draw only a small fee of ₹ 6 per sitting, could not be said to hold an office of profit under the Government as contemplated by Section 14 of the Act. 4. Against this decision, the respondent took an appeal to the High Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... specified in the First Schedule to the Constitution. After enumerating the different grounds of disqualification the Sub-section provides that If any person is elected as a councillor in contravention of these provisions, his seat shall be deemed to be vacant . To this, a proviso is added that Nothing in this section shall invalidate the election, if the disqualification is such as could have been brought to the notice of the Returning Officer at the time of or before the scrutiny of the nomination papers and has not been so brought to his notice . Sub-section (2) deals with cases where the disqualification occurs subsequent to a person being elected a Councillor. Sub-section (3) then lays down: If any question or dispute arises whether a vacancy has occurred under this section, the orders of the Government shall be final for the purpose of deciding such question or dispute . 8. Turning now to Section 20 of the Act, it would be seen that it purports to lay down the procedure relating to enquiry into the validity of an election, by the Election Commissioner. Sub-section (1) lays down within what time and by whom the election petition could be presented. Sub-section (2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dispute is the Government whose decision on such matters is final under Sub-section (3) of Section 14. Section 20, it is further pointed out, does not specify the grounds on which an election petition should be filed to set aside an election. Clauses (a) and (b) of Sub-section (3) would seem to indicate that such petition could be made only on allegations of commission of corrupt practice or irregularities in the computation of votes. It is urged therefore that the only remedy open to a person aggrieved by election when he alleges lack of qualification in the returned candidate, is to approach the Government under Section 14 (3) of the Act and an election petition under Section 20 is not at all maintainable in such cases. 9. 'Prima facie' there appears to be force in this argument. It is to be noted that under Section 14 of the Act, if a person is elected as a Councillor in contravention of the provisions relating to disqualification as contained in that section, the seat of the returned candidate shall be deemed to be vacant. The language suggests that in such cases the election automatically becomes void without requiring it to be set aside by an election petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppellant held any office of profit under the Government. It is not disputed that he was at the time of filing the nomination paper and also when the election took place holding the office of Chairman of Gubbi Taluk Development Committee; and the question therefore narrows down to this, whether that is an office of profit which Section 14(1)(A)(a)(iii) of the Act contemplates. The plain meaning of the expression seems to be that an office must be held under Government to which any pay, salary, emoluments or allowance is attached. The word profit connotes the idea of pecuniary gain. If there is really a gain, its quantum or amount would not be material; but the amount of money receivable by a person in connection with the office he holds may be material in deciding whether the office really carries any profit. It appears from the rules that the Taluk De-Development Committee is constituted as a part of the scheme for reorganization of rural development. It is a sort of advisory body consisting of 10 members and is presided over by a non-official Chairman. The Chairman has no executive duties to perform which are left entirely to the Amildar of the Taluk who is the 'ex off ..... X X X X Extracts X X X X X X X X Extracts X X X X
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