D S AWASTHI Vs. VIRENDRA SWAROOP

JUDGEMENT

(1.) REASONS for the findings on Issues No. 1 (a) and (b) : On the 12th May, 1975, after I had heard the counsel for the parties, I had recorded the following findings on issues Nos. 1 (a), 1 (b). "I, therefore, answer issues Nos. 1 (a) and (b) in the negative and against the petitioners."

(2.) I had also indicated that the reasons would be given later. I now proceed to give the reasons for the above findings.

(3.) THE contention of the learned counsel for the petitioner is that the respondent No. 1 was precluded from being elected as a Member of the Legislative council, Uttar Pradesh as he was holding an office of profit under the State Government and that no exemption had been made under the Constitution or under any provision of law to except the holder of such office from being disqualified from being chosen as a Member of the Legislative Council of the State. The relevant provision of the Constitution is contained in Article 191 (1) and clause (a). It reads as follows:-