Judgment

ALAGIRISWAMI, J.: - Elections were held in March, 1972 to the Himachal Pradesh State Legislative Assembly. The 1st respondent was elected to that Assembly from the Shahpur Constituency in Kangra District. An election petition was filed by the appellant, a voter in that constituency, on the ground among others, that at the time of filing of nominations the 1st respondent was holding an office of profit under the Government of Himachal Pradesh and as such was disqualified for election under Article 191 (1) (a) of the Constitution. The petition having been dismissed by the High Court of Himachal Pradesh this appeal has been filed against the order of dismissal.

2. The only ground which is relevant for the purpose of decision of this appeal and which was urged before this Court, was that as the 1st respondent was holding an Office of profit under the State Government he was disqualified under Article 191 (1) (a) of the Constitution to be elected as a member of the State Legislative Assembly. The 1st respondent was nominated Chairman of the Board of School Education of Himachal Pradesh in the year 1969 by the Himachal Pradesh Government under the provisions of the Himachal Prades