Advocates Appeared:
For the Election Petitioner: Mr. Manohar Lal Sharma, Mr. Santosh Kumar Pandey and Mr. T.L. Bareth.
For the Respondents: Mr. B.P. Sharma and Mr. Hari Agrawal.

What is the effect of a government servant's long absence after expiry of leave on their service status? Whether the Returning Officer was justified in rejecting nomination papers of a government servant holding office of profit? Whether a regular government servant not actually working but entitled to salary holds an office of profit under Article 191(1)(a)?

Key Points: - Election petitioner challenged rejection of her nomination papers for Lailunga (ST) constituency under Section 100(1)(c) RP Act, claiming improper rejection by Returning Officer (!) (!) . - Petitioner was Rural Health Officer (Female), a regular government servant, who filed two nomination papers; first denying office of profit, second admitting it but claiming non-joining due to long absence (!) (!) . - Returning Officer rejected both papers after scrutiny, as no resignation or termination order was produced, following Handbook clause 6.5 requiring simultaneous scrutiny of multiple papers (!) (!) . - Rule 24(2) Chhattisgarh Civil Services Leave Rules deems willful absence after leave expiry as liable to disciplinary action, not automatic termination without enquiry (!) (!) . - Rule 5(4) Chhattisgarh Civil Services Conduct Rules prohibits government servants from taking part in elections to legislature (!) (!) . - Article 191(1)(a) Constitution disqualifies holder of office of profit; petitioner's post as RHO (F) qualified as such, being entitled to salary despite non-working status (!) (!) . - Court held petitioner held office of profit, was disqualified, and rejection was proper; petition dismissed (!) (!) . - Evidence issues under Order 18 Rule 4 CPC raised but petitioner's testimony and public documents admitted (!) (!) .

What is the effect of a government servant's long absence after expiry of leave on their service status?

Whether the Returning Officer was justified in rejecting nomination papers of a government servant holding office of profit?

Whether a regular government servant not actually working but entitled to salary holds an office of profit under Article 191(1)(a)?