JUDGMENT

VENKATARAMIAH, J. :— This appeal is filed under Section 116-A of the Representation of the People Act, 1951 against the judgment of the High Court of Allahabad in Election Petition No. 7 of 1985 : Reported in 1985 All WC 682 dismissing the election petition for failure to disclose a cause of action. The appellant and the respondent were candidates along with some others at the last general election held to fill the seat in the Lok Sabha from 25 Amethi Parliamentary Constituency, District Sultanpur in the State of Uttar Pradesh. The results of the election. were declared on December 28, 1984 and the respondent was declared elected to the Lok Sabha from that constituency. The appellant questioned the validity of the election of the respondent by an election petition filed before the High Court of Allahabad in Election Petition No. 7 of 1985. The grounds on which the appellant challenged the election of the respondent were:

(i) that the respondent had ceased to be an Indian citizen and, therefore, was disqualified to be a candidate;

(ii) that since at the time when the election was held the respondent was a member of Parliament and was drawing salary, he was holding an office o