JUDGMENT

PATHAK, J.- The appellant was elected to the Nagal constituency of U. P. Legislative Assembly and was declared elected on June 1, 1980. The respondent Hari Ram filed an election petition against the election of the appellant and the High Court, by its judgment and order dated March 3, 1982 declared the election void. The High Court found that the appellant had continued to hold the office of District Extension Educator (Family Planning), an office of profit under the State Government, up to the date fixed for scrutiny of the nomination papers and, therefore, he was disqualified from being elected as a member of the Legislative Assembly. Holding that the acceptance of his nomination paper amounted to non-compliance with the provision of the Constitution it set aside the election under Section 100 (1) (d) (iv) of the Representation of the People Act, 1951.

2. In this appeal, the appellant contends that the High Court erred in holding that he was disqualified. In our opinion, the appellant is right. Article 191 (1) (a) of the Constitution declares that a person shall be disqualified for being chosen as, and for being, a member of Legislative Assembly if he holds any office of