Madan B. Lokur, C.J. - (1.)THE question for consideration is whether respondent No. 4 (Md. Raihan Choudhury) held a "service of profit" within the expression as used in section 111(e) of the Assam Panchayat Act, 1994 when he filed his nomination paper on 20th December, 2007 for election as a member of the Zilla Parishad. In our opinion, the answer must be in the affirmative. The consequence is that it was rightly held by the Returning Officer that he was disqualified from contesting that election.
(2.)FOR easy reference, section 111(e) of the Assam Panchayat Act, 1994 ('the Act') is reproduced below and it reads as follows :
111. Disqualifications. - No Person shall be elected or co -opted and remain as President, Vice -President or Member of Zilla Parishad, Anchalik Panchayat and Gaon Panchayat, if he or she -

(a) .........

(b) .........

(c) .........

(d) .........

(e) hold any service of profit under Government or any educational institution recognized and received grant from the Government, or holds remunerated office under Zilla Parishad, Anchalik Panchayat and Gaon Panchayat or holds any contract under any of the aforesaid bodies or under the Government;

The facts:

Choudhury was appointed as an Assistant Teacher sometime in 1993 by the Managing Committee of the Uttar Rawmari AHEME School under the Operation Black Board Scheme. Earlier, on or about 19.11.1991 the school was provincialised under the provisions of the Assam Elementary Education (Provincialisation) Act, 1974.

(3.)ON 6.5.1999 the services of Choudhury were regularized as an Assistant Teacher with effect from 24.4.1998 along with several others.