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State Election Commissioner, Bihar Patna & Ors. v. Janakdhari Prasad & Ors.

Civil Appeal · 2018 INSC 569Decided 3 Jul 2018
Civil Appeal No. 1463 of 2008
Chief Justice Dipak Misra · Justice A.M. Khanwilkar · Dr. Justice D.Y. Chandrachud

Background

Janakdhari Prasad was elected in 2001 as a member of a Panchayat Samiti in Bihar. A rival filed a petition before the State Election Commission alleging Prasad was disqualified because he was working as an Assistant Government Pleader, which the Commission treated as being "in service" of the State Government under Section 139(l)(c) of the Bihar Panchayat Raj Act, 1993, and disqualified him. Prasad challenged this before the Patna High Court, where a Single Judge and then a Division Bench both ruled in his favour, holding that an Assistant Government Pleader is not in State "service" in the sense the disqualification provision intended.

Decision Breakdown

The Supreme Court examined whether the relationship between the government and a panel Government Pleader/Advocate amounts to a master-servant (employment) relationship, which is the hallmark of being "in service." It found that Prasad was not subject to any departmental disciplinary control by the government, was instead governed by the Bar Council's professional discipline, and there was no clear evidence he even received regular remuneration from the State akin to a salary. Relying on precedent about the public character of a Government Pleader's office not by itself amounting to government service, the Court held there was no master-servant relationship, so Prasad could not be treated as disqualified under Section 139(l)(c). The appeal by the State Election Commissioner was dismissed, with no order as to costs.

Lesson Learnt

Holding a government-linked professional appointment, like being a panel government lawyer, does not automatically count as being "in government service" for disqualification purposes: what matters is whether there is a genuine employer-employee (master-servant) relationship, including disciplinary control and regular remuneration, not just a public-facing role.

Official source (sci.gov.in)View Judgment (PDF)

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