SHRT BHAGWAN DASS SEHGAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The common question that arises for determination in these appeals is:Whether Clause (i) in Section 2 of the Punjab State Legislature (Prevention of Disqualification) Act 7 of 1952 (hereinafter referred to as the Disqualification Act) inserted by Haryana Amendment Act 25 of 1969 suffers from the vice of discrimination and, as such, is an invalid piece of legislation Both these appeals will therefore be disposed of by this judgment.

(2.) The appellant and respondents, as rival candidates, contested the election to Haryana Legislative Assembly from Ambala Cantonment Constituency in March 1972. Hans Raj Suri, respondent was declared elected. The appellant Bhagwan Dass Sehgal challenged this respondent's election on the ground that his nomination papers had been improperly and illegally accepted. It was alleged that on the material dates, the respondent being a Chairman of the Ambala Improvement Trust was holding an office of profit under the Government of the State, and as such was disqualified from contesting the election. It was further pleaded that cl. (i) of Section 2 of the Disqualification Act 1952 (added by the Haryana Amendment Act 25 of 1969) which purported to take the office of the Chairman of an Improvement Trust out of the purview of an 'office of profit' was invalid as it offended Article 14 of the Constitution.

(3.) The validity of the aforesaid cl. (i) was also challenged separately, under Article 226 of the Constitution in a writ petition on the same grounds.