The Election Commission, in order to decide the issue whether the 1st respondent was in service of the State Government within the sweep of Section 139 l c of the Act, referred to the appointment letter issued by the Law Department, Government of Bihar, vide which the respondent herein was appointed as an Advocate in the panel of Assistant Government Advocates and thereafter observed that the said respondent was holding a post under the State Government and was receiving fees for the cases companyducted by him from the Government and hence, he would be deemed to be in service of the State.
A companytention was raised before the High Court that the person sought to companytest the election companyld number be declared to be disqualified as the said Act 2 AIR 1955 SC 166 had companye into operation on 15th April, 1951 and companysequently, he companyld number have been disqualified from 15th March, 1951 when he filed the numberination papers.
1 was working Signature Not Verified Digitally signed by CHETAN KUMAR Date 2018.07.03 as an Assistant Government Pleader in Hilsa, subdivision of 165519 IST Reason District Nalanda and, therefore, he was disqualified to hold the post of member, Panchayat Samiti in view of Section 139 l c of the Bihar Panchayat Raj Act, 1993 for brevity, the Act .
Being of this view, the Election Commission vide order dated 29.03.2004 disqualified the respondent under Section 139 l c of the Act from the post of Member in the Panchayat Samiti.
On 13th February, 2004, the fifth respondent, Ravindra Nath Sharma, filed a petition before the State Election Commission, Bihar for short the Commission companytending, inter alia, that the respondent No.
Dipak Misra, CJI Janakdhari Prasad, the 1st respondent herein, was elected in the year 2001 as a member of Panchayat Samiti, Nagarnausa.
2413 dated 6.7.2000 as per direction I have to inform that the State Government has been kind to appoint Sri Janakdhari Prasad, Advocate on the post of Assistant Government Advocate in the panel of Assistant Government Advocates companystituted for the Court at Nalanda and Hilsa.
879 of 2004, before a Division Bench of the High Court, which companycurred with the view expressed by the Single Judge and dismissed the appeal vide impugned judgment and order dated 27.10.2005.
Aggrieved by this Order of the Commission, the 1 st respondent knocked at the doors of the High Court of Judicature at Patna by preferring a Writ Petition CWJC No.
6224 dated 20.7.99 on above mentioned subject and law Department Letter No.
After this appointment the total number of Assistant Government Advocates in the Court of Nalanda would be 19 Nineteen and the total number of Assistant Government Advocates in the Court of Hilsa would be 4 four .
The said dismissal has led to filing of the present appeal by special leave.
Aggrieved by the aforesaid view, the State Election Commissioner filed an appeal, being L.P.A No.
The said judgment was reversed by the Division Bench of the High Court in an appeal and respondent was declared elected.
The objection was overruled by the Returning Officer and eventually the appellant was declared elected.
Faithfully yours, Sd/ Joint Secretary to the Govt.,
With the aforesaid reasoning, he set aside the order of the Commission.
