JUDGMENT

K. JAYACHANDRA REDDY, J.:- This is an appeal under Section 116-A of the Representation of the People Act, 1951 preferred against the order of the High Court setting aside the election of the appellant who was elected as a member of the Andhra Pradesh Legislative Assembly from No. 8 Naguru (ST) constituency on the ground that he was holding an office of profit under the State Government at the relevant time and was thus disqualified under Article 191(1)(a) of the Constitution of India for being chosen as a member of the Assembly.

2. The appellant was appointed as a single Teacher in a primary school run by the Integrated Tribal Development Agency (ITDA for short) by its Project Officer. He joined duty in January, 1988 and was working in a school in Jiyyammavalasa Mandal in Vizianagaram district. On 2-8-88 the Tribal Welfare Officer inspected the said school and is alleged to have noticed some irregularities and he kept the appellant under suspension pending enquiry by an order dated 23-8-88. The appellant questioned the same before the Andhra Pradesh Administrative Tribunal by filing a petition but the same was rejected. Thereafter by a letter dated 6-10-189 the appellant sub