JUDGMENT

R.M. Lodha, J.-This is an Appeal under Section 116-A of the Representation of the People Act, 1951 (for short "the 1951 Act").

2. The respondent - Sanjay Shyamrao Dhotre - contested the election from Akola Constituency for the 15th Lok Sabha and was declared elected.

3. The appellant - a voter in the constituency - challenged the election of the respondent (hereinafter referred to as "returned candidate") in the election petition before the Bombay High Court, Nagpur Bench, Nagpur. The invalidity of the election of the returned candidate was sought under Section 100(1)(a) of the 1951 Act. The appellant avered in the election petition that the returned candidate was disqualified to contest the election as he was holding the 'office of profit' under the Government company being a Director of the Maharashtra Seeds Corporation (for short "Corporation"). Section 10 of the 1951 Act and Article 102(1)(a) of the Constitution of India were pressed into service by the election petitioner in this regard.

4. The returned candidate contested the election petition and disputed that he was holding an 'office of profit' under the Government. His case was that he was elected as a Directo