1. This is an appeal against the order passed by the Election Tribunal, Surat, by which the election of the appellant as a member of the Legislative Assembly of the State of Bombay from the Mazagaon constituency, Greater Bombay, has been set aside, The election was held on 11-3-1957. There were two candidates contesting at this election; the appellant and the respondent. We have been informed at the Bar that four candidates had been duly nominated, but that after the nomination papers of the appellant and the respondent were held to be in order, the other candidates withdrew from the election. The appellant polled 22,914 votes, while the respondent obtained 14,885 votes. The appellant was, therefore, declared duly elected. The respondent thereafter submitted a petition challenging the election of the appellant, on the ground that the appellant, who is an Ayurvedic Medical Practitioner, held an office of profit under the State of Bombay, by reason of his being an Insurance Medical Practitioner and that he was, therefore, disqualified to be a member of the Legislative Assembly under Article 191 of the Constitution. He, therefore, asked for two reliefs. He prayed that the el