Hon'ble Judges/Coram:
C.A. Vaidialingam, J.M. Shelat and Vashishtha Bhargava

JUDGMENT

1. This appeal Under Section 116A of the Representation of the Peoples' Act No. 43 of 1951 (hereinafter referred to as "the Act") has been filed by one of the unsuccessful candidates for election to the Mysore Legislative Assembly from No. 152, Bhadravati Constituency, against the judgment of the High Court of Mysore dismissing his election petition for setting aside the election of the successful candidate, respondent No. 1. After the nomination papers had been filed, the scrutiny of the nomination papers took place on the 21st January, 1967 and five nomination papers were declared as valid. They were the nomination papers of the appellant, respondent No. 1 and respondents Nos. 2 to 4. The polling for the Constituency took place on 15th February, 1967, and after the counting of votes, the results were declared on 22nd February, 1967. Respondent No. 1 received 15,862 votes, while the appellant received 13,380 votes. The other three candidates, respondents 2 to 4, were also unsuccessful p. having received much smaller number of votes. On 5th April, 1957, the appellant filed the election petition challenging the election of respondent No. 1 on a number of grounds, out of which we need mention only one single ground, as the appeal in this Court is confined to that ground alone. It was pleaded that respondent No. 1 was disqualified under Article 191(1)(a) of the Constitution from being chosen as a member of the Legislative Assembly, because he was holding an office of profit under the Government of the State of Mysore on the date of scrutiny. This ground, as well as other grounds taken by the appellant for challenging the validity of the election of respondent No. 1 were all rejected by the High Court and the election petition was dismissed. Consequently) the appellant has come up in this appeal to this Court. Though, in this appeal, a number of grounds were raised, Mr. S. V. Gupte, counsel for the appellant, confined the case to this sole ground of disqualification of respondent No. 1 on the date of scrutiny.

2. The facts relevant for deciding this issue may now be stated. On the date of scrutiny, respondent No. 1 was employed as Superintendent, Safety Engineering Department in the Factory run by the Mysore Iron & Steel Works Ltd., Bhadravati. His salary was more than Rs. 500 per mensem. The past history of the service of respondent No. 1 was that he was appointed in the year 1936 in the Mysore Iron & Steel Works, Bhadravati, which was started by the Government of Mysore and was being managed by the Government as its own concern. He continued to be a servant of the Government of Mysore when, in the year 1962, a private limited Company was registered under the name of Mysore Iron & Steel Limited, Bhadravati ........