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Bajrang Lal Verma Vs. State of Rajasthan and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtRajasthan High Court
Decided On
Case NumberS.B. Civil Writ Petition No. 33 of 1983
Judge
Reported in1985(2)WLN662
AppellantBajrang Lal Verma
RespondentState of Rajasthan and ors.
DispositionPetition dismissed
Cases ReferredJaipur v. Mohan Lal and Ors.
Excerpt:
rajasthan municipalities act, 1959 - section 26--election to municipality disqualification--rajasthan state electricity board is not state government under section 26--held, its employee is not disqualified to contest election to municipality.;the disqualification relates to a person, who holds a salaried or part-time appointment in the central government or state government or local authority. the rajasthan state electricity board cannot be considered as a state government within the meaning of section 26 of the act.;writ dismissed - .....the only ground taken by the petitioner is that the respondent no. 4 is employed in the rajasthan state electricity board and as such is disqualified under section 26 of the rajasthan municipalities act, 1959 (here in after referred to as 'the act').2 the rajasthan state electricity board is a statutory body registered under the electricity (supply) act, 1948. section 26 of the act disqualifies a person who holds a salaried or part-time appointment in the central or state government or a focal authority. the rajasthan state electricity board can not be said to be a central government or state government or a local authority. mr. choudhary, learned counsel for the petitioner submitted that the rajasthan state electricity board has been considered as a state by the supreme court in.....
Judgment:

Narendra Mohan Kasliwal, J.

1. The petitioner has filed this writ of quo warranto for a declaration that the election of respondent No. 4 as Ward Member of Ward No. 13 of the Municipal Board, Chirawa held on February 14, 1982, to be declared null and void. The only ground taken by the petitioner is that the respondent No. 4 is employed in the Rajasthan State Electricity Board and as such is disqualified Under Section 26 of the Rajasthan Municipalities Act, 1959 (here in after referred to as 'the Act').

2 The Rajasthan State Electricity Board is a statutory body registered under the Electricity (Supply) Act, 1948. Section 26 of the Act disqualifies a person who holds a salaried or part-time appointment in the Central or State Government or a focal authority. The Rajasthan State Electricity Board can not be said to be a Central Government or State Government or a Local Authority. Mr. Choudhary, learned counsel for the petitioner submitted that the Rajasthan State Electricity Board has been considered as a State by the Supreme Court in Rajasthan State Electricity Board, Jaipur v. Mohan Lal and Ors. : (1968)ILLJ257SC . The Supreme Court in the above case had considered the meaning of State under Article 12 of the Constitution of India and under that Article it was held that the Rajasthan State Electricity Board is State within the meaning of that Article. The above authority as such can not lend any assistance to the interpretation of Section 26 of the Act. Under Section 26 of the Act the disqualification relates to a person, who holds a salaried or part-time appointment in the Central Government or State Government or Local Authority. The Rajasthan State Electricity Board cannot be considered as a State Government within the meaning of Section 26 of the Act. In view of these circumstances, there is no force in this writ petition and it is accordingly dismissed.


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