( 1 ) THIS appeal raises a short but important point. Having considered the matter and having heard the learned Advocates, I find myself, with great respect, unable to subscribe to the view taken by the learned trial Judge.

( 2 ) THE appellant is a resident of village Maharajpur, situated within the jurisdiction of the Doulatabad Union Board. At the elections to the Union Board of that Union held on 22-2-1953, the appellant offered himself as a candidate and was elected. At the same time, eight other candidates also succeeded in the election. At the relevant time, the appellant was holding the post of Union Agricultural Assistant of the Paharpur Union, which, it would seem, is a post under the Director of Agricultural, Government of West Bengal. It is admitted by all parties that be was a whole-time Government servant

( 3 ) AFTER the results of the election had been published, Respondent 1, who was another successful candidate, moved this Court under Article 226 of the Constitution for a Rule on the appellant to show cause why his election should not be set aside. The ground on which that application proceeded was that the appellant was a Government servant an