Judgment

SHAH, J.-At the last general elections held on February 20, 1967, the appellant and ten others contested for a seat in the Madhya Pradesh Legislative Assembly from the Lahar Constituency No. 13. The first respondent secured 8, 904 votes ; the appellant secured 6,109 votes, and respondent No. 2 Heeralal Bahadur secured 4, 227 votes. (No argument was advanced before us which necessitate reference to the votes secured by the other candidates). Respondent No. 1, Sarjoo Prasad Tiwari who secured the highest number of votes was declared elected. The appellant Kamta Prasad Upadhyaya who secured the next largest number of votes, applied to the High Court of Madhya Pradesh under the Representation of the People Act 43 of 1951, for setting aside the election of respondant No. 1 on diverse grounds. It is necessary to refer to only one ground on which the appeal is argued before us.

2. Respondent No. 2, Heeralal Bahadur was, it was the case of the appellant, disqualified to stand as a candidate for election under Article 19 (1) (a) of the Constitution in that he held an office of profit under the Government of Madhya Pradesh other than an office described by the Legislature of the State