Judgement

BHARGAVA, J.: The appellant, who was defeated by respondent No. 1 (hereinafter referred to as "the respondent"). the successful candidate, in the General Election of 1967 to the Punjab Vidhan Sabha from Nakodar Constituency, District Jullundur, challenged the election of the respondent in an election petition inter alia on the ground that he was disqualified from being chosen as a member of the Assembly, because he was holding an office of profit under the State Government at the relevant time. This was the only ground which was pressed at the trial of the election petition before the High Court of Punjab and Haryana at Chandigarh. The High Court dismissed the election petition rejecting this contention of the appellant and, consequently, the appellant has come up to this Court in this appeal under Section 116-A of the Representation of the People Act, 1951.

2. Admittedly, the respondent was the Chairman of a Panchayat Samiti, and the ground that he was disqualified from being a candidate was based on Rules 3 to 7 of the Punjab Panchayat Samities and Zila Parishads, Non-official Members (Payment of Allowances) Rules, 1965 (hereinafter referred to as the Rules") which are