JUDGMENT Bhawani Singh, A. C. J-—We propose to decide both these cases (C. W P. No. 791 of 1992, Hari Singh v. State and another and C. W. P. No 16 of 1993, Madan Gopal Mauyi v. State of Himachal Pradesh and others) by a common judgment since the point involved in both of them is the same. Learned Counsel for the parties also agree that they should be so decided. Accordingly, we proceed to deal with the matter in issue. However, before discussing the key questions involved in these cases, let us take note of some essential facts. 2. Petitioner Madan Gopal Mauyi contested election for the membership of Panchayat-Samiti, Rampur Block.. He filed nomination papers. These were duly accepted by the Returning Officer. Elections took place on 31-12-199 J, He secured 632 votes while the third respondent secured 265 votes. The petitioner was declared elected. The third respondent challenged this election under Section 187 read with Rules 63, 74, 76 and 77 of the Himachal Pradesh Panchayat Samiti (Election) Rules, 1973, seeking a declaration that the petitioner be disqualified for a period of five years since the petitioner had indulged in corrupt practices. While this election petition was pending, the petitioner was appointed as Voluntary Teacher in the subject of Political Science in Government Senior Secondary School, Rampur Bushahr, which duty he resumed on 10-2-1992. The third respondent brought this fact to the notice of Deputy Commissioner, Shimla, and wanted that the continuance of the petitioner as member Block Samiti be declared as void under Section 73 of the Himachal Pradesh Panchayati Raj Act, 1968 (hereinafter referred to as the Act). Before the election petition was decided, the Director and Joint Secretary, Pancbayati Raj, Government of Himachal Pradesh issued a telex message to all the Deputy Commissioners in the State bringing to their notice that a Voluntary Teachers came under the definition of Government servants and the matter involving them be decided accordingly. 3. In the decision dated 3-8-1992, a reference to this telex message has been made and then ultimately the petitioner was held to be a government servant and holding the office of profit and, therefore, disentitled to retain the seat of member in Block Samiti, Rampur, and the election petition became infructuous on account of this disqualification under Section 73 of the Act. 4. 4. In the other case, petitioner Hari Singh contested election for the post of Vice President and defeated the rival candidate by a margin of 124 votes He was declared elected by the Returning Officer and he resumed duties of this office. 5. The petitioner was appointed Voluntary Teacher in Government Primary School, Sanihan, District Mandi, on 18-3-1987. He joined the duty initially for a period of two years but the same was extended from time to time. By a letter dated 24-9-1992, the services of the petitioner were terminated for the reason that the petitioner has contested the election in question. The petitioner has assailed this decision through this writ petition. 6. The sole question for determination is whether petitioner Madan Gopal Mauyi has incurred the disqualification under Section 64 (b) read with Section 73 (1) (a) of the Act, and whether in the other case the termination of the services of petitioner Hari Singh is legally tenable. 7. Shri Rajiv Sharma, learned Counsel for the petitioner, submits forcefully that petitioner Madan Gopal Mauyi does not become a whole- time salaried servant of the Government by becoming a Voluntary Teacher. This appointment is casual in nature and no salary is paid ta him. Payment of honorarium doss not make him a whole-time government servant. Reference to the appointment letter was made and then it was contended that there are no permanent posts for Voluntary Teachers with a defined cadre and as soon as the incumbent leaves service, the post ceases to exist. Lastly, it was asserted that in case this Court holds that the petitioner is a whole-time salaried servant of the Government, in that event the post of a Voluntary Teacher is so insignificant that it does not practically influence his continuance as member of the Panchayat Samiti. In order to support these submissions, reliance was placed on decisions like AIR 197( Punjab & Haryana 176, Uttam Singh v. 5. Kripal Singh and another, AIR 1955 Cal 382, Md. In order to support these submissions, reliance was placed on decisions like AIR 197( Punjab & Haryana 176, Uttam Singh v. 5. Kripal Singh and another, AIR 1955 Cal 382, Md. Sarafatulla Sarkar v. Surja Kumar Mondal and others, AIR 1976 SC 2283, Madhukar G.E Pankakar v. Jaswant Chobbildas Rajani and others, AIR 1975 SC 575, Karbhari Bhimaji Rohamare v Shanker Rao Genuji Kolhe and others, AIR I9i9 SC 1084, Manohor Nathusao Samarth vMarotrao and others, AIR 1985 SC211, Ashok Kumar Bhattacharyya v, Ajoy Biswas and others, and (1992) SCC 404 Satrucharia Chandrasekhar Raju v. Vyricherla Pradeep Kumar Dev and (mother. After going through these decisions, we notice that they do not directly touch the question in issue before us. Most of the decisions rendered by the Supreme Court deal with office of profit. Secondly, the Court was concerned with certain really casual and part-time assignments, say, for example, doctors and lawyers on panel of certain statutory corporations attending to services of purely casual and transitory nature In other cases, the Conduct Rules prohibiting employees to take part in the elections were involved and it was found that in case the employees had participated in the elections thereby disobeying the Conduct Rules, that would entail disciplinary action under the Conduct Rules but not in any way affect their participation and continuance in the bodies to which they were elected since the statutes of the bodies in question did not prevent them from seeking elections. This is not so in the present case which we will discuss shortly. 8. Reference to AIR 1975 SC 575, supra, may now be made since Shri Rajiv Sharma wanted us to accept that the Voluntary Teachers are being paid only honorarium and not salary, which has been defined in para 6 of this decision. We may now refer to this part which says ; "6. The whole controversy centres around the honorarium payable to the members of the Wage Board. We may now refer to this part which says ; "6. The whole controversy centres around the honorarium payable to the members of the Wage Board. It is contended on behalf of the appellant that item 11 specifically lays down that the compensatory, allowance shall mean the travelling allowance, the daily allowance or such other allowance which is paid to the holder of the office for the purpose of meeting the personal expenditure in attending the meeting of the committee or body or in performing any other function as the holder of the said office, and honorarium which is not mentioned there cannot be brought within the meaning of the words "such other allowance" found in that item as it is not an allowance. Reference is made to the dictionary meaning of the word ‘honorarium’ and it is said that while the daily allowance is expected to meet the expenses of the member concerned while attending the meeting of the Board, the honorarium is in the form of a fee for performing his duties on those days. The Shorter Oxford Dictionary gives the meaning of the word honorarium as an honorary reward, a fee for professional service rendered, while one of the meanings of the word salary9 is, fixed payment made periodically to a person as compensation for regular work, remuneration for services rendered, fee, honorarium. Thus, in one aspect honorarium and fee are used almost as though they are interchangeable terms. Even so, what was paid to the 1st respondent cannot be said to be a salary. It was not a fixed payment made periodically as compensation for regular work. We do not think that the dictionary meaning is of much help here. We are of opinion that the matter must be considered as a matter of substance, rather than of form, of the essence of payment rather than its nomenclature. Even so, it is urged on behalf of the appellant that the payment of honorarium in this case could not have been for any purpose other than payment for services rendered on particular days on which the meetings of the Wage Board were held, We are not able to accept this contention." (emphasis supplied) 9. Even so, it is urged on behalf of the appellant that the payment of honorarium in this case could not have been for any purpose other than payment for services rendered on particular days on which the meetings of the Wage Board were held, We are not able to accept this contention." (emphasis supplied) 9. Next, Shri Rajiv Sharma seeks to contend that the appointment of the Voluntary Teachers is casual in nature, as used in Section 9 (5) (g) of the Act, therefore, it can be carried on without incurring any disqualification We answer the submissions raised by Shri Rajiv Sharma by the letter of appointment, 10. The Himachal Pradesh Voluntary Teachers Schemes, 1991 are intended to provide for honorarium as fixed by the State Government to such unemployed persons for a short period. A detailed procedure has been laid down for selecting Voluntary Teachers under these Schemes by a duly constituted screening committee Although the period of assignment has been fixed for two years, however, it is being extended from time to time. The Schemes as well as the contents of office order (Annexure P-l) amply demonstrate that the appointment of Voluntary Teachers is made by the Director of Education, Himachal Pradesh, under the Himachal Pradesh Voluntary Teachers Schemes, 1991 and the selected candidates are appointed on fixed salary of Rs. 1100 (Lecturers) and Rs. 623 (Primary teachers) payable for ten months in a year and their appointments would be subject to agreement and conditions. Reference to the conditions of service further discloses that the Conduct Rules have been made applicable to them. Item No. 9 records that in case the selected candidate does not join the post within a stipulated period, his appointment would be deemed to have come to an end and no claim would be entertained and the post would be offered to other candidates. It was pointed out thus by the learned Counsel for the petitioner that the Voluntary Teachers are only being paid honorarium and not salary. We think, this does not make any difference. As a matter of fact it is difference in nomenclature only since the Voluntary Teachers are being paid fixed remuneration, although it has been recorded as salary at some place and honorarium at other places. We think, this does not make any difference. As a matter of fact it is difference in nomenclature only since the Voluntary Teachers are being paid fixed remuneration, although it has been recorded as salary at some place and honorarium at other places. The fact of the matter is that the Government has created large number of posts of Voluntary Teachers, may be of temporary nature, in order to help the unemployed youths in the State. On account of financial difficulty, it may not have been possible for the State to provide regular scales, therefore, fixed salary was settled for payment to these Voluntary Teachers. Simply because they have to undertake lesser work-load, that does not mean that they are not whole-time salaried servants of the Government within the meaning of Section 64 (b) read with Section 73 (1) (a) of the Act. They are governed by the Conduct Rules and what more is required to make them employees of the State Government. 11. The object of Section 64 (b) is salutary. It is designed to prevent the whole-time salaried servant of the Government or the Government of India or the Government of any other State in India or a local authority to indulge in politics. The question whether a Voluntary Teacher holding a small post hierarchically can influence a statutory body, Panchayat/ Panchayat Samiti in the present case, we entertain no doubt on this aspect. He can be influenced by the Government of the day and this influence will ultimately affect the statutory body to which he has been elected and vice-versa. Such circumstances cannot at all be eliminated. We earnestly feel that instead of confining the prohibition to whole-time salaried servant of the Government or the Local authority, it should be extended to all employees, whether employed casually or on daily-wage basis. We have discussed the main questions involved in these cases. 12. Accordingly, these writ petitions are dismissed leaving the parties to bear their own costs. However, in the facts and circumstances of the case of Madan Gopal Mauyi and in view of the obsure legal position involved in this case, no conduct proceedings would be initiated against petitioner Madan Gopal Mauyi. 13. At this stage, Shri Rajiv Sharma states that petitioner Hari Singh is not interested in politics and he may be allowed to continue as a Voluntary Teacher in the same School. 13. At this stage, Shri Rajiv Sharma states that petitioner Hari Singh is not interested in politics and he may be allowed to continue as a Voluntary Teacher in the same School. This case of the petitioner has also been supported by the respondents in the reply-affidavit. We think this is a fair statement on the part of the petitioner. Accordingly, we direct that the services of petitioner Hari Singh would be continued as Voluntary Teacher in Government Primary School, Sanihan, Sundernagar (II), District Mandi. He would inform the respondents of his leaving the politics/Vice-Presidentship within a period of 15 days from today. Petitions dismissed.