JUDGMENT

S.B. Sinha, J. —

1. Leave granted.

2. Whether a Gramin Dak Sewak is a government servant and consequently is disqualified to become a member of Nagar Panchayat in terms of Section 11(g) of the Punjab State Election Commission Act, 1994 (for short “the Act”) is the question involved herein.

3. The fact of the matter is being noticed from Civil Appeal arising out of SLP (C) No. 1610 of 2005.

Indisputably, while working as Gramin Dak Sewak, appellant contested in an election for membership of Nagar Panchayat Sardulgarh held on 9.03.2003.

Respondent No. 1 filed an election petition in terms of Sections 76, 79 and 89 of the Act and Rule 87 of the Punjab Municipal Election Rules, 1994 before the Election Tribunal. However, upon receipt of notice, appellant submitted his resignation.

We must, however, place on record that Harnek Singh, appellant in Civil Appeal arising out of SLP (C) No. 7276 of 2005, was chargesheeted for participating in politics.

4. Contention of appellant that he was not a government employee having been working on part time basis and, thus, was not disqualified in terms of Section 11(g) of the Act was rejected by the Tribunal by reason of its judgment and order date