High court appointed receiver can participate in state elections
(Querist) 29 March 2014
This query is : Resolved
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.
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?