P. V. B. RAO, J.

( 1 ) THIS is an appeal under Section 116 (A) of the Representation of the People Act, 1951 against the order of the Election Tribunal (Additional District Judge. Balasore) dismissing the petition of the appellant praying for setting aside the election to the Orissa Legislative Assembly of respondent No. 1 Sri Durga Sankar das.

( 2 ) RESPONDENT No. 1 belongs to Taladi. He was elected to the Orissa Legislative assembly from the Bhograi Constituency in the election held in 1957. The appellant-petitioner and respondent No. 2 were the two defeated candidates in that election.

( 3 ) THE appellant filed a petition under Section 80 of the Representation of the people Act 1951 alleging that respondent No. 1 (hereinafter railed the respondent) had been working as the Assistant Public Relations Officer under the State of orissa and though the latter alleged to have submitted his resignation the same had not been accepted by the authorities and as such he is a person holding an office of profit on the day fixed for tiling nomination papers; that as an Assistant district Public Relations Officer he had been taking money from the Government to do work for the Government and