have to be observed.
The respondent was appointed by the Government as the Chairman of the Jharia Mines Board of Health.
It companysists of number less than seven and number more than eleven members of whom number less than two and number more than four are elected by owners of mines within the mining settlement, three number officials selected by the State Government and two or more members but number exceeding four numberinated by the State Government.
There are certain powers companyferred on the State Government The fund companysists of sums land owners etc.
The Board is a body companyporate having prepetual succession and a companymon seal with power to hold and acquire property.
From the judgment and order dated the 22nd January, 1973 of the Patna High Court in Election Petition No.
There are certain powers on the State Government.
charged by the Board under the Act from sums allotted to the Board from the State by the Board under the Local Authorities from Local Authorities, associations and Board appoints Health Officers as well as Board can impose taxes like latrine tax and also make yearly assessment.
The Chairman of the Board is to be appointed by the State Government from among the members of the Board.
The evidence relied upon by the appellant for providing his charge were his own and that of two of his companyvillagers.
The evidence of P. Ws.
The appellant wasnot an eye witness of this meeting and his evidence was pure hearsay.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The police officer companycerned, who was examined as R.W. 8, as wellas the respondent R.W. 10 have denied the allegation.
as also revenues sums borrowed Loans Act grants received private persons etc.
21 of 1972.
Before the area is declared to be a mining settlement for the purposes of the Act certain prescribed formalities like receiving objections etc.
P. Goyal and Y. C. Parashar, for the appellant.
Goburdhan, for the respondent.
1116 of 1973.
The person who is said to have informed him was number examined.
1 and 2 was number accepted by the High Court.
The facts relating to the first question are these Under the Bihar and Orissa Mining Settlement Act, 1920 a Board called the Mines Board of Health may be established to provide for the companytrol and sanitation of any area within which persons employed in a mine reside and for the prevention therein of the out break and spread of epidemic diseases.
Only two questions were argued before us 1 that the respondent was disqualified for standing for the election as he held an office of profit under the Government of Bihar, and 2 that he obtained the services of a Sub Inspector of Police for the furtherance of the prospects of his election.
After a careful examination of all the evidence the High Court held this charge number proved.
The Judgment of the Court was delivered by ALAGIRISWAMI, J. This appeal by one of the unsuccessful candidates in the election held to the Legislative Assembly of Bihar State from the Baghmara companystituency is against the dismissal of his election petition questioning the respondents election by the High Court at Patna.
A fund called The Mining Settlement Fund is formed for every mining settlement and the fund vests in the Board.
