In Brief
The Supreme Court dismissed an appeal challenging a High Court judgment that quashed the disqualification of an elected Panchayat Samiti member from Bihar under Section 139(1)(c) of the Bihar Panchayat Raj Act, 1993. The member, an advocate appointed to a panel of Assistant Government Advocates, was disqualified by the Election Commission as being 'in service' of the State Government. The High Court and the Supreme Court found that 'in service' requires a master-servant relationship absent here. The advocate's engagement was professional, not permanent, lacked fixed remuneration, and involved no government disciplinary control. The Court held that 'office of profit' and 'in service' are distinct concepts and disqualification provisions must be strictly construed.
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