JUDGMENT

Dr. A.S. Anand, CJI—Pursuant to a Notification issued by the Election Commission for filling up seven seats of Rajya Sabha, nine persons, including the appellant and seven respondents filed their nomination papers, which on scrutiny were found to be valid. On the last date for withdrawal of nominations, one candidate withdrew, thus leaving eight candidates to contest the election for seven seats. Polling took place on 18th June, 1998 and after counting of votes, result was declared on the same date. Appellant secured the highest number of votes (43.74) and along with respondents 2 to 7 was declared elected. Respondent No. 1 was defeated. Respondent No. 1 herein, thereupon filed an Election Petition under Section 80 and 81 of the Representation of Peoples Act, 1951 (hereinafter referred to as the R.P. Act), calling in question election of the appellant on the ground that at the time of filling his nomination papers, the appellant was holding "an office of profit" under the State Government as Chairman of the Interim Jharkhand Area Autonomous Council (for short ‘JAAC’), set up under the Jharkhand Area Autonomous Council Act, 1994 (hereinafter the JAAC Act) and was thus disqua