Judgment

GAJENDRAGADKAR, J. : Is the appellant Ram Padarath Mahto disqualified for membership of the Bihar Legislature under S. 7 (d) of the Representation of the People Act, 1951, (hereafter called the Act)? That is the short question which arises for our decision in the present appeal by special leave. The appellant was one of the candidates for the Dalsinghsarai Constituency in the District of Darbhanga in Bihar for the State Legislature. The said Constituency is a Double-Member Constituency; it was required to elect two members, one for the general and the other for the reserved seat for scheduled castes in the Bihar Legislative Assembly. It appears that the said constituency called upon voters to elect members on January 19, 1957. January 29, 1957, was fixed as the last date for the filing of the nomination papers. The appellant filed his nomination paper on January 28, 1957, and on the next day seven other members filed their nomination papers. On February 1, 1957, the nomination paper filed by the appellant was rejected by the returning officer on two grounds; he held that the appellant being an Inspector of Co-operative Societies was a Government servant at the material time