MASRANI KHODIDAS DURLABHJI Vs. GOKALDAS M PATEL

JUDGEMENT

(1.) [ The Hon'ble Court after discussing the facts of the case further observed :]

(2.) The main controversy in this election petition centres round the question whether it could be said that respondent No. 1 was holding an office of profit under Government of Gujarat at the material time. It is the petitioners contention that at the relevant time respondent No. 1 was the Secretary of Agricultural Produce Market Committee Amreli. He was a paid servant.

(3.) The petitioner has been examined as petitioners witness No. 1. In this behalf his evidence is that he had heard that at the time of filing of his nomination paper respondent No. 1 was working as a Secretary of Agricultural Produce Market Committee Amreli. Lathi-Lilia Constituency forms part of Amreli District. He had also heard that respondent No. 1 was getting some salary as a Secretary of the said Committee. He was not actually working in that post but he heard that he continued to hold that post at the time of filing of his nomination paper. It is significant to note that the Petitioner had called for the record of that committee in this proceeding. Ultimately for the reasons best known to him he has not chosen to examine the accountant who was named by him in the list of witnesses. It is significant to note at this stage that respondent No. 1s case was that he was on leave and subsequently on 10th March 1972 he had given his resignation and that was accepted by the Chairman of the Agricultural Produce Market Committee Amreli with retrospective operation. It was on that basis that his contention was that at the relevant time even he cannot be said to be holding an office of the Secretary of the Agricultural Produce Market Committee Amreli and consequently no question arises for consideration whether he was holding any office of profit under the Government of Gujarat State.