JUDGMENT :

1. Heard Mr. P.K. Tiwari, learned senior counsel, assisted by Mr. K. Saxena, learned counsel for the applicant/returned candidate and Mr. H. Lampu, learned counsel for the opposite party/election petitioner.

2. The opposite party/election petitioner having filed a Election Petition No. 03(AP)/2019, before this court praying for; (i) order dated 23.5.2019 declaring Smt. Dasanglu Pul, BJP candidate, as a winning candidate of 45-Hayuliang (ST) Assembly Constituency be held void and (ii) Er. Lupalum Kri, the election petitioner be declared elected candidate of the 45-Hayuliang (ST) Assembly Constituency; and in view of the second prayer of the election petitioner made in the election petition, the present applicant/returned candidate having filed a recrimination petition under section 97 of the Representation of the Peoples Act, 1951, registered as Recrimination Case No. 01(AP)/2020, seeking a declaration that the election petitioner was holding an office of profit on the day his nomination papers were scrutinized by the Returning Officer of 45-Hayuliang (ST) Assembly Constituency and as such, was disqualified for being chosen as and for being a member of the Legislative Assem