Judgment

ALAGIRISWAMI, J.:- This appeal by one of the unsuccessful candidates in the election held to the Legislative Assembly of Bihar State from the Baghmara constituency is against the dismissal of his election petition questioning the respondent s election by the High Court at Patna.

2. Only two questions were argued before us (1) that the respondent was disqualified for standing for the election as he held an office of profit under the Government of Bihar, and (2) that he obtained the services of a Sub-Inspector of Police for the furtherance of the prospects of his election.

3. The facts relating to the first question are these: Under the Bihar and Orissa Mining Settlement Act, 1920 a Board called the Mines Board of Health may be established to provide for the control and sanitation of an area within which persons employed in a mine reside and for the prevention therein of the outbreak and spread of epidemic diseases. Before the area is declared to be a mining settlement for the purposes of the Act certain prescribed formalities like receiving objections etc. have to be observed. The Board is a body corporate having perpetual succession and a common seal with power to hold and ac