In Brief
Janakdhari Prasad, an elected Panchayat Samiti member, was disqualified by the State Election Commission for working as an Assistant Government Advocate, contending this constituted 'service' under the State Government under Section 139(1)(c) of the Bihar Panchayat Raj Act, 1993. The High Court set aside the disqualification. The Supreme Court upheld this decision, holding that an Assistant Government Advocate is not in 'service' of the State as the relationship lacks essential elements of master-servant relationship: there is no fixed remuneration, tenure, age limits, or subjection to government discipline rules. Service requires public-law status, not mere professional engagement. The distinction between 'office of profit' and 'service' is legally material and must be strictly construed.
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