JUDGMENT

VENKATARAMIAH, J.:—At the conclusion of the hearing of the above appeals on November 16, 1983, we pronounced the following order:

"Heard counsel for the parties. The appeals are allowed and the order of the High Court is set aside without any order as to costs."

2. We now give our reasons.

3. Two questions arise for consideration in these three appeals which are filed against the judgment and order dated July 10, 1981 of the High Court of Allahabad in Election Petition No. 7 of 1980. They are:

1. Whether the Secretary of a State Legislative Assembly is not qualified to be appointed as the Returning Officer at an election held to fill a seat in the Rajya Sabha?

2. Whether a person elected as a member of a Legislative Assembly but who has not made and subscribed the prescribed oath or affirmation as required by Article 188 of the Constitution can validly propose a person as a candidate at an election held for filling a seat in the Rajya Sabha?

4. In February, 1980 the Legislative Assembly of the State of Uttar Pradesh was dissolved by the President by issuing a notification under Article 356 of the Constitution. A notification was issued by the Governor of Uttar Pradesh under Sect