Judgment

BHARGAVA, J.:- This appeal under Section l13A of the Representation of the People Act No. 43 of 1951 (hereinafter referred to as "the Act ) has been filed by one of the unsuccessful candidates for election to the Mysore Legislative Assembly from No. 152, Bhadravati Constituency, against the judgment of the High Court of Mysore dismissing his election petition for setting aside the election of the successful candidate, respondent No. 1. After the nomination papers had been filed, the scrutiny of the nomination papers took place on the 21st January, 1967 and five nomination papers were declared as valid. They were the nomination papers of the appellant, respondent No. 1 and respondents Nos. 2 to 4. The polling for the Constituency took place on 15th February, 1967, and after the counting of votes, the results were declared on 22nd February, 1967. Respondent No. 1 received 15,362 votes, while the appellant received 13,380 votes. The other three candidates, respondents Nos. 2 to 4, were also unsuccessful having received much smaller number of votes. On 5th April, 1957, the appellant filed the election petition challenging the election of respondent No. 1 on a number of grounds, out of which we need mention only one single ground, as the appeal this court is confined to that ground alone It was pleaded that respondent No. 1 was disqualified under Article 191 (1) (a) of the Constitution from being chosen as a member of the Legislative Assembly, because he was holding an office of profit under the Government of the State of Mysore on the date of scrutiny. This ground, as well as other grounds taken by the appellant for challenging the validity of the election of respondent No. 1 were all rejected by the High Court and the election petition was dismissed. Consequently, the appellant has come up in this appeal to this Court. Though, in this appeal, a number of grounds were raised, Mr. S. V. Gupte, counsel for the appellant, confined the case to this sole ground of disqualification of respondent No. 1 on the date of scrutiny.

2. The facts relevant for deciding this issue may, now be stated. On the date of scrutiny, respondent No. 1 was employed as Superintendent, Safety Engineering Department in the Factory run by the Mysore Iron & Steel Works Ltd., Bhadrawati. His salary was more than Rs. 500/per mensem. The past history of the service of respondent No. 1 was that he was appointed in the year 1936 in the Mysore Iron & Steel Works, Bhadrawati which was started by the Government of Mysore and was being managed by the Government as its own concern. He continued to be a servant of the Government of Mysore when, in the year 1962, a private limited Company was registered under the name of Mysore Iron .& Steel Limited, Bhadrawati (hereinafter referred to us the Company" under the Indian Companies Act, 1956, and this Company took over the Mysore Iron & Steel Works from the Government. Respondent No. 1 had first jointed service as a daily worker in 1986, but was promoted as Chargeman, Asstt. Foreman, Foreman and thereafter as Assistant Superintendent which was the post held by him in the year 1962 at the time when the concern was taken over by the Company. Subsequently, he was promoted as Superintendent in the year 1964 and was working on that post at the time of election in 1967. It was also the common case of the parties that the shares of the Company were held cent per cent by the Mysore Government, though some of the shares were shown in the names of some of the Officers in the service of the Mysore Government. Under the Articles of Association of the, Company, the first Directors of the Company were the Minister-in-charge of the Industries Portfolio in the Mysore Government, the Secretaries to the Mysore Government in the Finance Department, and in the Commerce and Industries Department, the Managing Director of the Mysore Iron and Steel Ltd., and the Chief Conservator of Forests of the Mysore Government. The Governor of Mysore w