📘 Case: Maulana Abdul Shakur v. Rikhab Chand
🏛 Court:
Supreme Court of India
📅 Date:
12 September 1957
👨⚖️ Bench:
Justice J. L. Kapur, Justice B. P. Sinha, Justice A. K. Sarkar, Chief Justice S. R. Das, Justice T. L. Venkatarama Aiyar
⚖️ Facts:
The appellant, Maulana Abdul Shakur, was manager (mohatmin) of a school under the Durgah Khwaja Saheb Act, 1955.
He received ₹100 per month from the Durgah funds.
He was elected to the Council of States (Rajya Sabha).
The respondent challenged the election claiming:
- He held an “office of profit under the Government”, hence disqualified under Article 102(1)(a) of the Constitution of India.
❓ Issue:
Whether the appellant was holding an office of profit under the Government of India, leading to disqualification from Parliament.
⚖️ Arguments:
🔹 Respondent:
- Government had control over Durgah Committee.
- Committee members were appointed/removed by Government.
- Hence, appellant indirectly worked under Government.
🔹 Appellant:
- He was appointed by a statutory committee, not Government.
- Salary was paid from Durgah funds, not Government revenue.
- No direct control of Government over his employment.
🧠 Legal Principle:
To determine “office of profit under Government”, key tests include:
- Who appoints the person?
- Who has power to remove?
- Who pays salary?
- Extent of Government control
🏛 Judgment:
The Supreme Court allowed the appeal.
Held that:
- The appellant did NOT hold an office of profit under the Government.
- His position was under a statutory body (Durgah Committee), not the Government.
📌 Key Reasoning:
The Durgah Committee is a separate statutory body (corporate entity).
Government control over the committee does not convert its employees into government office holders.
Important factors:
- ❌ Not appointed by Government
- ❌ Not removable by Government
- ❌ Salary not from Government funds
👉 Therefore, Article 102(1)(a) does not apply.
⚖️ Held:
✔ Election of the appellant was valid ✔ Tribunal decision was set aside
🔑 Key Takeaways (Very Important for Exams):
“Office of profit” requires direct relationship with Government, not indirect control.
Statutory body ≠ Government.
Comparison with Articles 58 & 66:
- For President/Vice-President → broader disqualification (includes bodies under govt control)
- For MPs → narrower scope (only under Government)
📝 One-Line Ratio:
👉 An office under a statutory body, even if controlled by the Government, is NOT an office of profit under the Government unless there is direct government control over appointment, removal, and remuneration.
