Judgment

R.M. SAHAI, J.

(1) THE only question of law that arises for consideration in this appeal is if the appellant, whose election to the Legislative Assembly of Punjab was set aside by the tribunal for improper rejection of nomination paper of another candidate, is entitled to pension and other benefits under Haryana Legislative Assembly (Allowances and Pension of Members) Act, 1975, as it a stood in 1978, (for short the 1975 Act).

(2) IN 1952 the appellant was elected as member of the Legislative Assembly of the erstwhile State of Punjab from Dabwali Constituency. He served as a member from February 195 2/05/1953 till his election was set aside by the tribunal in May 1953. The operative portion of the tribunals order dated 16/5/1953 reads as under :

"WE by majority opinion, hold that the nomination papers of Shri Sher Singh were improperly rejected and this improper rejection had materially affected the result of the election of Dabwali Constituency, and therefore, the election of S. Karnail Singh respondent to this seat is declared wholly void...."

(3) THIS order became final. In 1966 on reorganisation of the State of Punjab Dabwali Con