Judgment :

Shiva Kirti Singh, J.

The only issue falling for consideration in this Appeal filed under Section 116A read with Section 116B of the Representation of People Act, 1951 is whether for the purpose of Article 191(1)(a) of the Constitution of India, the first respondent held an office of profit under the Government of India and for that reason his nomination ought to have been rejected by the returning officer and the High Court should have set aside his election as a member of Kerala Legislative Assembly for which he was declared elected on 13.5.2011.

2. At the stage of scrutiny of nomination papers, the appellant as well as one another candidate raised objections against acceptance of nomination of the first respondent by pointing out to the returning officer that the first respondent was disqualified to contest the election to the Kerala Legislative Assembly by reason of his holding an ‘office of profit’ under the State Government namely the post of Chairperson of State Haj Committee. The returning officer rejected the objections. In the election, first respondent secured highest number of votes followed by the appellant and was declared elected. Undisputedly, the first r