JUDGMENT

S.B. Sinha, J.-The appellant herein was elected from 110 Naoboicha Legislative Assembly Constituency in the State of Assam. An election petition was filed by the first respondent herein questioning the election of the appellant in terms of Sections 100(1) of the Representation of the People Act, 1951 (hereinafter referred to and called as the said Act , for the sake of brevity), on the ground that he stood disqualified being the holder of a post of profit under the State of Assam.

Background Facts :

2. The appellant was said to have been appointed as an Assistant Teacher in Pabha Chariali M.E. Madarassa School (hereinafter referred to as the said School ). He was working therein as an Assistant Teacher without any remuneration. Primary education is imparted in the said School. It appears that the primary education in the State of Assam used to be governed by three Acts, known as Assam Basic Education Act, 1954 , Assam, Elementary Education Act, 1962 and Assam Elementary Education Act, 1968 .

3. In terms of the 1968 Act, the Regional Boards of Elementary Education were constituted which took over the management of elementary schools and pre-primary schools. There also ex