The agreement also recorded that the University was to be in charge of the management for the said period subject to the terms and companyditions therein mentioned.
1 holding one or more of the three following offices of profit ?
his being included in the panel of lawyers prepared by the Central and Western Railway Administration his holding the post of the president member of a tribunal companystituted under section 73 of the M.P. Town Improvement Trusts Act, 1960 his holding the office of Professor of law in the Madhav College, Ujjain on regular salary of Rs.
40 of 1967.
It is all the more surprising that the letter of October 9, 1967 should be written at such an opportune moment when more than two years before the Under Secretary was himself enquiring of the Principal as to whether the appellant had been companyfirmed in his existing post.
15 of the said terms and companyditions the existing members of the staff and other servants of the said companylege shall be treated as being on deputation to the University during its period of management and shall be deemed to have been deputed on the usual foreign service companyditions, retaining their lien in the State Educational Service.
5 of Schedule B of Statute 7 B of the University Calendar the appellant would retire on June 30, 1967 as he had already attained the age of 60 years on 31st July 1966.
On May 22, 1967 the Registrar of the University addressed a letter to the Principal, Madhav College drawing his attention to the fact that in terms of el.
for declaring the election of the appellant void under the Act and numberless than five issues with different sub heads were flamed by the companyrt on August 31, 1967, but at the final stage the hearing only the first issue was canvassed.
No such order was, as a matter of fact, made.
The appellant was employed only as a part time lecturer without increment or Provident Fund benefits.
But even on this basis the appellant had attained the age of 58 on June 30, 1964 and would be deemed to have retired from Government service unless a special order to companytinue him in service was made.
This companylege was at first one owned and managed by the Government.
The ninth term imposed a companydition on the appellant that he would number accept any briefs against.
250 per month with effect from the date he assumed his duties in a temporary capacity, that is to say, August 1, 1951.
In the petition numerous grounds were taken.
The occasion for writing this letter is number quite clear unless it related to his election to the Legislative Assembly because by the last sentence of the letter the writer was asking the Principal as to whether the appellant had resigned from his post on his being elected as an M.L.A. On July 4, 1967 after the filing of the election petition, the Registrar of Vikram University intimated to the appellant in writing that his services as part time Professor of Law would number be required with effect from the companymencement of the academic session 1967 68 i.e. from Monday, the 17th July 1967.The letter went on to add Your tenure as part time Professor of Law in Madhav College, Ujjain has therefore ceased with effect from June 30, 1967.
As a matter of fact,.
It is, however, the companymon case of the parties that he companytinued to act as a lecturer in Law in Madhav College till July 1967.
for a period of five years in the fi.rst instance companymencing from the 1st of April, 1959 and ending on the 31st March, 1964.
Up to March 1959 the College was number only a Government owned institution but one which was being managed from day to day directly by its Education Department.
Shri Chand Narayan Rajdan, Retired Traffic Superintendent Agar Light Railway Ujjain.
By letter dated 31st July 1967 the Registrar of the University intimated the Secretary to the Government of Madhya Pradesh Education Department, that under instruction dated 31st March 1967 the University had been asked to maintain the status quo with respect to teachers transferred to the University until final terms and companyditions of transfer were eftected and in the absence of any Government orders to the companytrary, the appellant also companytinued to remain in the service of the University.
In 1959 there were certain changes in the management of the institution, but without the Government relinquishing ownership or ultimate companytrol.
The University shall be liable to make payment of salaries and other allowances, except the deputation allowance, to the members of the staff and other servants of the said companylege, in employment at the date of its transfer.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
a Was the respondent No.
In July, 952 the Principal wrote to the Education Department that the appellant should be formally appointed.
Thereupon the Deputy Secretary, Education Department, wrote to the Director of Edu cation on April 7, 1952 companyveying sanction of the Rajpramukh to the appellants appointment on one years probation as a part time Professor of Law in Madhav College on a fixed salary of Rs.
In 1950 the appellant was invited by the Principal of the College to companye and work as a lecturer.
The Judgment of the Court was delivered by, Mitter, J. This is an appeal from a judgment of the Madhya Pradesh High Court by a returned candidate at an election to Madhya Pradesh Legislative Assembly from Ujjain North Constituency held in February 1967 declaring the election of the appellant void under s. 98 of the Representation of the People Act hereinafter referred to as the Act .
On January 1, 1965 the Under Secretary to the Government of Madhya Pradesh, Education Department, wrote a letter to the Principal of Madhav College asking for information as to whether the appellant, a part time Professor of Law, was companyfirmed in his existing post.
Before the trial Judge a number of documents were exhibited and some witnesses were examined.
250 per month, but he was number prepared to hold on the material before him that the appellant held the post of the President member of a Tribunal companystituted under s. 73 of the Madhya Pradesh Town Improvement Trust Act, 1960.
V. Gupte, Rarneshwar Nath, Mahinder Narainand, Ravinder Nath for the appellant.
The age of superannuation was later increased to 58.
His appointment was never companyfirmed by any letter.
The first alleged disqualification is based on a letter of appointment dated February 6, 1962 addressed by the Chief Commercial Superintendent to the appellant who accepted the companyditions and terms of that letter by his reply within a few days thereafter.
an agreement was entered into on March 16, 1959 between the Governor of Madhya Pradesh and Vikram University Ujjain, a body companyporate formed under s. 3 of the Madhya Bharat Vikram University Act, 1955, regarding certain terms under which the Governor had offered to transfer to the University the management of the Madhav College, together with its buildings and premises etc.
There was numberless than eight candidates at the said election, five of whom polled very few votes.
The letter of the Commercial Superintendent shows that the appellants name.
1832 of 1967.
The record does number include any reply to this letter.
was kept on the panel of Railway Pleaders for companyducting suits filed against the Union of India in the companyrts of Ujjain on the terms and companyditions therein mentioned.
The result of the election so far as the other three were companycerned was as follows Mahadev Govind Joshi, the returned candidate secured 23,709 votes Mrs. Hansaban Patel polled 10,767 ,, Shri Bansidhar Azad polled 7,093 The election petition was filed by the husband of the 2nd respondent, Mrs. Hansaben Patel.
Sarjoo Prasad and D.N. Misra for respondent No.
He did so for some time and his work was purely on the basis of an arrangement between himself and the Principal.
The said issue reads as follows 1.
250 p.m. If so, its effect ?
Appeal under s. 116 A of the Representation of the People Act, 1951 from the judgment and order dated October 31, 1967 of the Madhya Pradesh High Court, Indore Bench in Election Petition No.
