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 as follows:-

"3 There shall be paid a monthly consolidated allowance, in lieu of all other allowances, at the following rates, to the Chairman of a Panchayat Samiti and that of a Zila Parishad, for performing all official duties and journeys concerning the Panchayat Samities or Zilla Parishads as the case may be, within the district, including attending of meeting, supervision of plants, projects, schemes and other works and also for the discharge of all lawful obligations and implementation of Government directives:-

(a) Chairman, Panchayat Samiti Rs. 100

(b) Chairman, Zila Parishad 150

4. The Chairman, Vice-Chairman and Members shall, for the purpose of rates of mileage and daily allowance admissible to them wider these rules, be divided into the following two categories:-

(i) Category 1 - This shall include Chairman and Vice-Chairman of the Panchayat Samitis and Zila Parishads.

(ii) Category II- This shall include all other Members of the Panchayat Samitis and Zila Parishads.

5. There shall be paid to the Chairman, Vice-Chairman and Member, mileage allowance for journeys performed for any official work outside the district. Such journeys shall not be undertaken unless authorised by the Panchayat Samiti or the Zila Parishad, as the case may be.

Note.- The power under this sub-rule shall not be delegated to any other authority.

(2) The Vice-Chairman and the Member shall also be paid mileage allowance, in respect of a journey performed within the district, for-

(a) attending the meetings; and

(b) for any official work or for supervision of a cattle fair held by the Panchayat Samiti:

Provided that the Vice-Chairman and the Members shall not be entitled to mileage allowance under Clause (b) unless the journey for such work or supervision has been approved by the Panchayat Samiti or Zila Parishad, as the case may be, and the number of Members deputed for supervision does not exceed five on any one day.

6. The payment of mileage allowance to a Chairman, Vice-Chairman and Members for the purposes and journeys mentioned in Rule 5 shall be regulated as follows:-

(i) Mileage allowance by rail.- For a journey between the stations connected by rail, the Chairman and Vice-Chairman shall be entitled to travel by 1st Class and the Members by 2nd Class. The Chairman, Vice-Chairman and the Members shall be entitled to draw single fare of the Class of accommodation to which be is entitled:

Provided that if the journey is performed in lower class, the Chairman, Vice-Chairman and Members shall be entitled to the fare actually paid for that class.

(ii) Mileage allowance by bus.- For a journey between the places connected by road, where regular bus service plies, and also for a journey between the stations connected by rail but performed by bus by taking a single seat, the Chairman