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1967 Supreme(Raj) 110

JAGAT NARAYAN
RAMLAL – Appellant
Versus
VISHVESHWAR NATH – Respondent


Advocates Appeared:
M.B.L.Bhargawa, R.C.Jain, S.K.Goel

Judgment


Jagatnarayan, J.

( 1 ) THIS is an election petition under Section 80 of the Representation of the People Act, 1951 challenging the election of Vishveshwar Nath Bhargava-respondent to the Lok Sabha from the Ajmer Parliamentary Constituency. The petition has been filed by one Ramlal, an elector of the Constituency. It has been contested the by returned candidate.

( 2 ) THE grounds on which the petition is based appear from the following issues which were framed in the case: 1. (A) Is the office of pramukh of a Zila Parishad in Rajasthan (1) under the Government and is it (2) an office of profit within the meaning of article 102 (1) (a) of the Constitution? 1. (B) Is the amount of Rs. 300/- which respondent No. 1 was admittedly entitled to draw as Pramukh of Zila Parishad Salary or honorarium or compensatory allowance? 1. (C) Did respondent No. 1 not draw the above amount from the second week of January 1967 up to the date of election? If so, what is its effect? 1. (D) Is the office exempt above from disqualification under Section 3 (1) of the Parliament (Prevention of Disqualification) Act (No. 10 of 1959), 1959? 2. (A) Is Section 10 (2) of the Delimitation Commission Act,




























































































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