Pashupati Nath Sukul Versus Nem Chandra Jain and others- 25/11/1983

Representation of the People Act, 1951—Section 21—Appointment of Returning officers—Section 21 of the Act expressly including the officers of the State Legislatures amongst the persons qualified to be appointed as Returning Officers even though it has amended that section once by specifically including officers of local authorities. Parliament all along has treated the Secretaries of the State Legislatures as officers of Government for purposes of Section 21 and has found it convenient to do so having regard to the nature of the work to be carried out by them. It may be noted that even though Article 98 and Article 187 of the Constitution contemplate the establishment of a separate secretariat staff for each House of Parliament and of the State Legislature respectively, the salaries and allowances of the members of that staff are paid out of the Consolidated Fund of India or of the State, as the case may be, after they are voted by the House or Houses concerned. Their appointment and other conditions of service are regulated by Rules made by the President or the Governor, as the case may be, until an appropriate law is made by Parliament or the State Legislature, as the case may be.