Judgment

HIDAYATULLAH, C.J.I. (On behalf of himself and G. K. MITTER, J.): We regret our inability to agree that the appellant Mrs. Kanta Kathuria was not holding an office of profit under the Government of Rajasthan when she stood as a Candidate for election to the Rajasthan Legislative Assembly from the Kolayat Constituency.

2. Mrs. Kathuria is an advocate practising at Bikaner. She contested the above election held on February 18, 1967 against seven other candidates. She was declared elected on February 22, 1967. One of the defeated candidates filed the election petition, from which this appeal arises, questioning her election on several grounds. We are concerned only with one of them, namely, that on the date of her nomination and election she was disqualified to be chosen to fill the seat as she held the office of Special Government Pleader, which was an office of profit under the Government of Rajasthan.

3. Article 191 of the Constitution, which is relevant in this connection, reads:

"191: Disqualifications for membership:

(1) A person shall be disqualified for being chosen as, and for being, a member of the Legislative Assembly or Legislative Council of a State-

(a) if he holds an