Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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High court appointed receiver can participate in state election for councilor

(Querist) 29 March 2014 This query is : Resolved 
Respected Sir's,

Need advice & what actions can be taken with reference to the below scenario:

An Institution, due to some disputes between the trustees. A Receiver was appointed by the H'ble High Court of Madras. The Principal of the above Institution is appointed as the Receiver & the appointed of Receiver & acceptance has been signed between Jurisdiction Sub-Court Judge & Receiver.

During appointment as Receiver, he is working in the Institution as Principal. After few years in 2011, he had contested in State elections for Municipal Councilor post & had won the elections. Now he is the Elected member for Municipality as a Councilor.

Questions:

1. Does The Receiver who has been appointed by the Court is considered as Government Employee?

2. In a Judgement given by H'ble Supreme Court of India (Criminal Appeal No: 1881 of 2013 - Page 14 & 15) has stated that "Public Servant means - any person authorised by a court of justice to perform any duty, in connection with the administration of justice, including a liquidator, receiver or commissioner appointed by such court) with reference to the above statement, the Receiver is a Public Servant, which means a Government employee? Correct me if, I'm wrong... Please...

3. If he is considered as Public Servant (Government Employee), the Election Commission doesn't allow Government Employee to participate in elections. Based on this situation, what actions (criminal / civil - according to which section of law), to cancel his Receiver post & Municipal Councilor post?

Thanks in advance.

Regards,
Prem
Sudhir Kumar, Advocate (Expert) 29 March 2014
first of all be enlightened of the difference between "public servant" and "Govt emplopyee"

Every "Govt emplopyee" is a "public servant"

that does not mean that every "public servant" is also "Govt emplopyee"
Sudhir Kumar, Advocate (Expert) 29 March 2014
further

does he hold "office of profit under Union, state, local body.
Sudhir Kumar, Advocate (Expert) 29 March 2014
repeated

http://www.lawyersclubindia.com/experts/High-court-appointed-receiver-can-participate-in-state-elections-462831.asp
Rajendra K Goyal (Expert) 29 March 2014
Repeated query.
Devajyoti Barman (Expert) 29 March 2014
repeated indeed.
Devajyoti Barman (Expert) 29 March 2014
repeated indeed.
Guest (Expert) 30 March 2014
Repeated query.


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