SITARAM JIVYABHAI GAVALI Vs. RAMJIBHAI POTIYABHAI MAHALA

JUDGEMENT

(1.) THE appellant is a person belonging to a Scheduled Tribe. At the last General Election held to the Lok Sabha he was declared duly elected from the Dadra and Nagar Haveli parliamentary Constituency by a substantial majority. After the declaration of the result of the election respondent 1, who was one of the defeated candidates, filed an election petition in Election Petition No. 1 of 1985 on the file of the High Court of Bombay calling in question the result of the election on the ground that the appellant was disqualified to be chosen as a member of the Lok Sabha on the date of the scrutiny of the nomination papers, because he held an office of profit under the Government other than an office declared by Parliament by law not to disqualify its holder. THE High Court accepted the contention of respondent 1 and set aside the election of the appellant by its judgment dated 2/04/1985. This appeal is filed under S. 116A Representation of the People Act, 1951 (hereinafter referred to as 'the Act') against the judgment of the High Court.

(2.) THE facts of the case may be summarised thus. Respondent I was a member of the last Lok Sabha. On 13-11-1984 elections to the present Lok Sabha were announced. THE appellant, who was holding the post of an Investigator as a temporary Government servant in the Union territory of Dadra and Nagar Haveli, decided to contest the election from the Dadra and Nagar Haveli Parliamentary Constituency, which was a constituency reserved for the members belonging to the Scheduled Tribes. He had been appointed on 2-5-1979 as a junior clerk on a temporary basis in the Administration of Dadra and Nagar Haveli. His appointment was subject to the conditions mentioned in the order of appointment and amongst the said conditions there were the following three conditions :

(3.) HE submitted a copy of the above letter to the Collector, Dadra and Nagar Haveli also. The said letter referred to the fact that the appellant had met the Collector and also the Secretary of the Administrator on 23-11-1984 and that he had informed the Collector that he was no longer a Government servant. Along with the said letter he handed over all the files, records and registers, etc., which were with him along with a list thereof to the head of his office, that is, the Development & Planning Officer. HE thereafter filed his nomination paper on 24-11-1984. HE also filed an additional nomination paper on 26-11-1984. Since the appellant did not get any written reply from the Collector to the above letter of 24-11-1984 till 26-11-1984 he wrote another letter on 26-11-1984 to the Returning Officer. Dadra and Nagar Haveli Constituency. Silvasa, who was also the Secretary to the Administrator, which read thus : From Shri Sitaram J. Gavali, Silvasa Dt. 26/11/1984 To The Returning Officer, Dadra and Nagar Haveli, Silvasa Respected Sir, I had been working as temporary Government servant with the designation as 'Investigator' under the Nagar Haveli Administration. The terms of my service are regulated by the 'Central Civil Services (Temporary Service) Rules, 1965.' When Lok Sabha elections were declared on 13-11-1984, I took decision to contest the same. Dadra and Nagar, Haveli is reserved constituency for Scheduled Tribes. I belong to the Kokna Tribe which is a declared Scheduled Tribe covered by the Schedule to the 'Constitution (Dadra and Nagar Haveli) Schedule Tribes Order, 1962.'