Judgment

ALAGIRISWAMI, J.:- In the election to the Maharashtra State Legislative Assembly held on March 7, 1972 the 1st respondent was declared elected from Shirdi Constituency The appellant, a voter from that constituency filed an election petition questioning election of the 1st respondent on two grounds: one was that the successful candidate had committed several corrupt practices, the other that the election was liable to be set aside because he was disqualified for election as he was holding an office of profit under the State Government as a member of the Wage Board for the Sugar Industry constituted by the Government of Maharashtra under Section 86-B of the Bombay Industrial Relations Act, l946. The only question argued before this Court was the 2nd one.

2. February 8, 1972 was the last date for filing nominations and February 11, 1972 the last date for withdrawal of candidature. The 1st respondent resigned as a member of the Wage Board on February 20, 1972 and-the letter of resignation was received by the concerned authorities on February 22, 1972.

3. The Wage Board to which the 1st respondent was nominated as a member on 13-4-1971 was constituted under the provisions of Chapt