Judgment

A. K. SARKAR, J. : The question for decision in this appeal is whether certain persons were holders of offices of profit under the Government and were therefore disqualified under Art. 191 of the Constitution, for being chosen as members of a legislative assembly. It arises out of a petition presented under the Representation of the People Act, 1951 for a declaration that the election of the appellant was void.

2. The election with which the case is concerned, was held on 8th March 1957 for choosing members for the Mysore State Legislative Assembly. One of the constituencies for the purposes of election to that Assembly was known as Harihar. The nomination papers filed by three persons, namely, Hanumanthappa, Siddappa and Guru Rao for election from that constituency were rejected by the Returning Officer on the ground that the first two of them were Patels and the third a Shanbhog of certain villages in Mysore and as such they were all holders of offices of profit under the Mysore government and consequently disqualified from membership of the Assembly under Art. 191. As a result of this rejection two candidates were left to contest the election and the appellant, who was on