BALAK RAM VAISH Vs. BADRI PRASAD AVASTHI

JUDGEMENT

(1.) AT the last general election held on the 15th of February, 1967 there were eleven candidates for election to the U. P. Legislative Assembly from the Lucknow Cantonment Constituency No. 104. A declaration was made on the "23rd of February, 1967 of the result of the election and respondent No. 1 was declared duly elected. This petition has been filed by one of the candidates Balak Ram Vaish challenging that election with a prayer that the election of Badri Prasad Awasthi (respondent No. 1) be declared void and that the petitioner be declared elected as a member of the U. P. Legislative Assembly.

(2.) RESPONDENT No. 1 was an adjutant in the Home Guards Organisation and one of the grounds taken in the petition is that being an adjutant under the U. P. Home Guards Adhiniyam, 1963, (hereinafter to be described as the Adhiniyam), he held an office of profit within the meaning of that term under Article 191 of the Constitution and as such was disqualified for being chosen as, and for being a member of the U. P. Legislative Assembly

(3.) THE petitioner also pleaded that respondent No. 1 had not maintained ac-counts in accordance with the provisions of Section 77 of the Representation of the People Act, 1951 (hereinafter to be described as the Representation Act) and he had failed to show in his return of expenses a sum of Rs. 50 advanced by him to one Chamman. He had also failed to show the expenses incurred by him on the polling day. This amounted, according to the petitioner, to a corrupt practice under Section 123(6) of the Representation Act.