1975 (3) TMI 139 - SC - Indian Laws

Supreme Court clarifies office of profit criteria & evidentiary standards in election-related cases

SURYA KANT ROY Versus IMAMUL HAK KHAN

The Supreme Court held that the respondent did not hold an office of profit under the Government of Bihar as the Board he chaired was not entirely ... - Issues:1. Disqualification of the respondent for holding an office of profit under the Government of Bihar.2. Allegation of corrupt practice by the respondent in procuring the services of a police officer for election purposes.Analysis:1. The appellant challenged the respondent's election as a Legislative Assembly candidate from the Baghmara constituency, alleging that the respondent was disqualified for holding an office of profit under the Government of Bihar. The respondent was appointed as the Chairman of the Jharia Mines Board of Health by the Government. The Supreme Court examined whether the Board constituted a 'local authority' under the General Clauses Act, 1897. The Court found that the Board had its own funds, levied taxes, and had powers not entirely controlled by the State Government. Citing legal precedents, the Court emphasized that the source of remuneration and control by the Government are crucial factors in determining if an individual holds an office of profit under the Government. As the respondent's payments were not from government revenues, and he did not perform functions for the Government, the Court concluded that the respondent did not hold an office of profit under the State Government.2. The second issue involved the allegation of the respondent engaging in a corrupt practice by using the services of a police officer for an election meeting. The appellant claimed that the meeting was held within the police station premises, implicating a violation of the Representation of the People Act. However, the evidence provided by the appellant was hearsay and not corroborated by eyewitness testimony. The High Court, after evaluating the evidence, found the charge of corrupt practice unproven. The Supreme Court reiterated the requirement for such serious allegations to be proven beyond a reasonable doubt. As the evidence presented fell short of meeting this standard, the Court upheld the High Court's decision and dismissed the appeal with costs, emphasizing the need for stringent proof in cases of alleged corrupt practices during elections.