JUDGMENT

VENKATARAMIAH, J.:— The question involved in this appeal is whether an Assistant Teacher employed in a Basic Primary School run by the Uttar Pradesh Board of Basic Education constituted under the Uttar Pradesh Basic Education Act, 1972 (U. P. Act No. 34 of 1972) (hereinafter referred to as the Act) is disqualified for being chosen as a member of the State Legislative Assembly under. Art. 191 (1) (a) of the Constitution.

2. The appellant Biharilal Dobray, the respondent Roshan Lal Dobray and some others were nominated as candidates at the election to the Uttar Pradesh Legislative Assembly from 308 Kanauj (S. C.) Assembly constituency at the last general elections held in the year 1980. The nomination paper of the respondent was, however, rejected by the Returning Officer by his order dated May 5, 1980 on the ground that he was holding an office of profit under the Government of the State of Uttar Pradesh and hence was disqualified under Article 191 (1) (a) of the Constitution for being chosen as a member of the Legislative Assembly. After such rejection the polling took place on May 28, 1980 and the appellant who secured the highest number of votes was declared elected on Ju