Is the Chairperson of the Kerala State Waqf Board ('the Waqf Board' for short) holding an 'office of profit under the Government of the State' and therefore disqualified for being chosen as a member of the Legislative Assembly ?

2. The election of the first respondent to the Kerala Legislative Assembly from the Guruvayoor Legislative Assembly Constituency has been called in question in this Election Petition. The petitioner also seeks a declaration that he is the duly elected candidate from the said Constituency for having secured the next highest number of votes. The petitioner owed allegiance to the Indian Union Muslim League and contested the election with the support of the United Democratic Fund. The first respondent owed allegiance to the Communist Party of India (Marxist) and contested the election with the support of the Left Democratic Fund. The first respondent was declared elected by a margin of 9968 votes in the election held on 13.4.2011 and the other respondents in the Election Petition are the remaining candidates in the poll fray.

3. The challenge to the election is on the ground that the first respondent was holding an office of profit under the State of Kera