S UMRAO SIGNGH Vs. DARBARA SINGH

JUDGEMENT

(1.) THE following Judgment of the court was delivered oy :

(2.) THE appellant, who was defeated by respondent No. 1 (hereinafter referred to as `the respondent`), the successful candidate, in the General Election of 1967 to the Punjab Vidhan Sabha from Nakodar Constituency, District Jullundur, challenged the election of the respondent in an election petition inter alia on the ground that he was disqualified from being chosen as a member of the Assembly, because he was holding an office of profit under the State government at the relevant time. This was the only ground which was pressed at the trial of the election petition before the High court of Punjab and Haryana at Chandigarh. THE High court dismissed the election petition rejecting this contention of the appellant and, consequently the appellant has come up to this court in this appeal under section 116A of the Representation of the People Act, 1951.

(3.) IN this appeal also, the same three questions have been again raised by the .appellant. We consider that this appeal can be disposed of on the basis of the answer to the first question alone, because, in our opinion, the High court came to a correct conclusion in holding that the allowances paid under rules 3 to 7 of the Rules did not convert the office of Chairman of a Panchayat Samiti into an office of profit.