Judgment

KHANNA, J.:- In the mid-term poll to Manipur Legislative Assembly held in February 1974, respondent No. 1 (hereinafter referred to as the respondent) was declared elected from the Patsoi Assembly constituency. The appellant, who was one of the rival candidates, filed an election petition to challenge the election of the respondent. The election petition was dismissed by the Gauhati High Court. The appellant has now come up in appeal against the judgment of the High Court.

2. The respondent, who was a candidate sponsored by the Manipur Peoples Party secured 5,033 votes, while the appellant who was his nearest rival secured 2,473 votes. There were some other candidates, but we are not concerned with them. The respondent was the Speaker of Manipur Legislative Assembly at the relevant time. The Assembly was dissolved in 1973. The respondent, however, continued to hold the office of the Speaker till March 8, 1974. The appellant challenged the election of the respondent on two main grounds. One of the grounds was that the respondent being ex-Speaker of the Assembly held an office of profit in the State Government and as such was disqualified to seek election. The other ground was