Judgment

ALAGIRISWAMI, J.:- This appeal by one of the unsuccessful candidates in the election held to the Legislative Assembly of Bihar State from the Baghmara constituency is against the dismissal of his election petition questioning the respondent s election by the High Court at Patna.

2. Only two questions were argued before us (1) that the respondent was disqualified for standing for the election as he held an office of profit under the Government of Bihar, and (2) that he obtained the services of a Sub-Inspector of Police for the furtherance of the prospects of his election.

3. The facts relating to the first question are these: Under the Bihar and Orissa Mining Settlement Act, 1920 a Board called the Mines Board of Health may be established to provide for the control and sanitation of an area within which persons employed in a mine reside and for the prevention therein of the outbreak and spread of epidemic diseases. Before the area is declared to be a mining settlement for the purposes of the Act certain prescribed formalities like receiving objections etc. have to be observed. The Board is a body corporate having perpetual succession and a common seal with power to hold and acquire property. It consists of not less than seven and not more than eleven members of whom not less than two and not more than four are elected by owners of mines within the mining settlement, three non-officials selected by the State Government and two or more members but not exceeding four nominated by the State Government. The Chairman of the Board is to be appointed by the State Government from among the members of the Board. A fund called "The Mining Settlement Fund" is formed for every mining settlement and the fund vests in the Board. The fund consists of sums charged by the Board under the Act from land owners etc. as also sums allotted to the Board from the State revenues; sums -borrowed by the Board under the Local Authorities Loans, Act; grants received from Local Authorities, associations and private persons etc. The Board appoints Health Officers as well as Sanitary Inspectors. The Board can impose taxes like latrine tax and also make yearly assessment. There are certain powers conferred on the State Government under the Act but they are no more than powers conferred on State Governments in respect of various local bodies. The respondent was appointed by the Government as the Chairman of the Jharia Mines Board of Health.

4. We agree with the learned Judge of the High Court that it is difficult to accept the argument that the Board is wholly under the control of the State Government in all its functions. The Board levies taxes and other assessments and has got its own funds. The fact that the Government and other local authorities might make grants to the Board does not mean that all the funds of the Board are Government funds or Government property. The provisions we have set out above are enough to establish that the Board is a local authority within the meaning of that expression as defined in clause (31) of Section 3 of the General Clauses Act, 1897. Indeed this position does not seem to have been disputed by the Petitioner before the High Court in the course of his argument. We do not, therefore, think that the mere fact that the respondent was appointed as Chairman of the Board by the Government would make him a person holding an office under the State Government.

5. We may in this connection refer to certain decisions of this Court. In Abdul Shakur v. Rikhabchand. (1958 SCR 387 at D. 394) this Court held:

"The power of the Government to appoint a person to an office of profit or to continue him in that office or revoke his appointment at their discretion and payment from out of Government revenues are important factors in determining whether that person is holding an office of profit under the Government."

We have already pointed out that in this case the payments to the respondent are not from out of the Government revenues.

6. In S