Judgment

VENKATARAMIAH, J. :- The appellant is a person belonging to a Scheduled Tribe. At the last General Election held to the Lok Sabha he was declared duly elected from the Dadra and Nagar Haveli parliamentary Constituency by a substantial majority. After the declaration of the result of the election respondent 1, who was one of the defeated candidates, filed an election petition in Election Petition No. 1 of 1985 on the file of the High Court of Bombay calling in question the result of the election on the ground that the appellant was disqualified to be chosen as a member of the Lok Sabha on the date of the scrutiny of the nomination papers, because he held an office of profit under the Government other than an office declared by Parliament by law not to disqualify its holder. The High Court accepted the contention of respondent 1 and set aside the election of the appellant by its judgment dated April 2, 1985. This appeal is filed under S. 116A Representation of the People Act, 1951 (hereinafter referred to as the Act) against the judgment of the High Court.

2. The facts of the case may be summarised thus. Respondent I was a member of the last Lok Sabha. On 13-11-1984 elections