NAVANITI PD SINGH, J.:–By this election petition, the election petitioner has challenged the election of the sole respondent who has been declared elected as a Member of the 15th Bihar Legislative Assembly from 220 Obra General Assembly Constituency for which the last date for filing nomination paper was 03.11.2010. The date of scrutiny of nomination paper was 04.11.2010. The last date for withdrawal of candidature was 06.11.2010. The voting had taken place on 20.11.2010 and counting was done and results declared on 24.11.2010.

2. The election petitioner was the official candidate of Janta Dal (United). He had been elected from the said Constituency on earlier occasion as well. He lost to the sole respondent who was the independent candidate.

3. The solitary ground on which the election of sole respondent has been challenged is that the respondent was disqualified in terms of Article 191 (1) (a) of the Constitution of India as he was in Government employment when his nomination paper was accepted after scrutiny and when the results were declared. In fact, it is alleged that technically, he continues to be in Government employment even today.

4. In the election petition, it i