Judgement

VENKATARAMA AYYAR, J. : This is an application for review of the judgment of this Court in Civil Appeal No. 52 of 1954*. That was an appeal against an order of the Election Tribunal, Himachal Pradesh (Simla), dismissing a petition to set aside the election of the respondent to the Legislative Assembly, Himachal Pradesh, from the Rohru Constituency. Two points were raised at the hearing of the appeal before us : One was that the respondent was disqualified for election to the Assembly under Section 17 of Act No. 49 of 1951 read with Section 7(d) of Act No. 43 of 1951 by reason of the fact that he was interested in contracts for the supply of Ayurvedic medicines to the Himachal Pradesh Government, and the other, that he had appointed Government servants as polling agents, and had thereby contravened Section 123(8) of Act No. 43 of 1951.

2. On the first question, we held that on a true construction of section 17, what would be a disqualification for election to either House of Parliament under Article 102 would, under that section, be a disqualification for election to the Legislatures of Part C States, and that the disqualification under section 7(d) of Act No. 43 of 1951 wou