May 13, 2013

SC: Test to know whether candidate was holding "Office of Profit" when contesting election

Justice R.C. Lahoti (Former Chief Justice of India)


"This court has laid down the tests for finding out whether the office in question is an office of profit under a Government. These tests are Whether the Government makes the appointment: Whether the Government has the right to remove or dismiss the holder whether the Government pays the remuneration what are the functions of the holder? Does he perform them for the Government and Does the Government exercise any control over the performance of those functions." (Vide Pradyut Vs. Swapan 2000 (8) SCALE 297)