The Court finds that claims of disqualification under 'office of profit' require a full trial and cannot be dismissed at the threshold.

1. The order shall govern the disposal of I.A. No.3, which is an application under O.7 R.11 (a) & (d) of C.P.C. read with S.86 (1) of the Representation of People Act, 1951 (herein after referred to as 'the Act of 1951'), filed by the respondent, the returned candidate.

2. The election petition is preferred challenging the election of respondent, Badridhar Diwan on the ground that the respondent, Badridhar Diwan, who was elected candidate from 31 Beltara Legislative Constituency in the election held in the year 2013 was disqualified to contest the election under Art.191 of Constitution of India. The prayer made in the petition is as under:
"It is, therefore, prayed that this Hon'ble Court may kindly be pleased to allow this petition and set aside the election of the respondent on account of his disqualification under Art.191 of the Constitution of India, in the interest of justice."

3. The petitioner lost the election and respondent was declared as returned candidate. After notification of result, the instant petition is filed under S.80, S.80 - A and 100 of the Act of 1951, wherein predominantly it is alleged that the respondent was disqualified for membership of the State Legislative Assembly on account of the fact that he was holding the office of profit under the government of Chhattisgarh other than the office. It is further pleaded at Para - 9 that the respondent has received his remuneration against the post of Chairman of the Chhattisgarh State Industrial Development Corporation Limited (CSIDC) for the period commencing from the date of notification of election till the date of rejection. The pleading is also to the effect that if the respondent being the chairman of CSIDC was holding the office of profit under State Government, consequently, he was disqualified for the election. Other averments have also been made in the petition that the respondent used official vehicle and the official position being the Chairman of CSIDC, consequently, he was disqualified.

4. After service of notice of the election petition, the application is preferred by the returned candidate under O.7 R.11 (a) & (d) of C.P.C. read with S.86 (1) of the Act of 1951. In the said application, the respondent has contended that by virtue of power conferred under Art.191 (1) (a), the State Government has declared certain offices not to disqualify its holder as office of profit. The effect of Act promulgated is under name and style of Chhattisgarh Vidhan Mandal Sadasya Nirarhata Nivaran Adhiniyam, 1967 , which includes the holder of office of Chairman, Chhattisgarh State Industrial Development Corporation Limited, within its schedule. Therefore, the respondent was not disqualified for being chosen as member of Chhattisgarh Legislative Assembly. It was further contended that since the entire petition is based on disqualification as would be evident from the prayer as petitioner has confined his prayer to the disqualification under Art.191 of the Constitution of India, as such the election petition is without any cause of action.

5. Learned counsel for the respondent would submit that Chhattisgarh Vidhan Mandal Sadasya Nirarhata Nivaran Adhiniyam, 1967 came to be amended by an Act of 30 of 2006 as Chhattisgarh Vidhan Mandal Sadasya Nirarhata Nivaran (Sansodhan) Adhiniyam, 2006, wherein S.3 & S.3 - A came to be amended which reads as under:
"3. Certain offices of profit not to disqualify: It is hereby declared that none of the offices specified in the Schedule, in so far as it is an office of profit under the Government shall disqualify or sh