Z.A.Haq, J.

Heard Shri P.S. Wathore, Advocate for the petitioner and Shri G.N. Khanzode, Advocate for the respondent No.5.

2. The petitioner has filed this petition under Section 81 of the Representation of the People Act, 1951 (for short "Act of 1951") praying that the decision of the Returning Officer dated 30th September, 2014 accepting the nomination paper of respondent No.5 Dr. Deorao Madguji Holi be quashed. The petitioner has prayed for declaration that the election of respondent No.5 from 68, Gadchiroli (S.T.) Legislative Assembly Constituency of State of Maharashtra is void. The petitioner has prayed that the election of respondent No.5 as Member of Legislative Assembly from the above Constituency be set aside and fresh elections for the above referred Constituency be ordered.

3. The challenge of the petitioner is substantially based on the ground that on the date of submission of the nomination paper, the respondent No.5 was holding "office of profit" being in Government employment as Medical Officer, in Class-II, Group "A" Services and, therefore, he was disqualified to contest the election and his nomination paper could not have been accepted by the Returning Off