( 1 ) THIS is an election petition under S. 81 of the Representation of the People Act, 1951.

( 2 ) GENERAL Election to the State Legislative Assembly took place in the month of March. 1985. For the Legislative Assembly Constituency No. 227 Ballia, the last date for filing the nominations was notified as 6th Feb. 1986; the scrutiny was to take place on the 7th and the nomination could be withdrawn up to 9th Feb. The poll took place on 2nd March, 1985. The petitioner and the respondents 1 to 19 were the contesting candidates at this election. Counting of votes took place on 6th March followed by the declaration of the result. The respondent 1 was declared elected defeating the petitioner, who was the nearest rival, by a margin of 1645 votes.

( 3 ) THE election of the respondent is challenged by the petitioner on two grounds. The first is that on the date of the nomination the respondent was the Principal. Shahid Mangal Pandey Intermediate College, Nagwa district Ballia a recognised Government institution and as such he was disqualified from seeking election to the State Legislative Assembly in view of Art. 191 (1) (a) of the Constitution. Due to the nomination of th