RAMJIBHAI POTIYABHAI MAHALA Vs. SITARAM JIVYABHAI GAVLI

JUDGEMENT

(1.) THE question that arises for determination in this election petition, is: was the first respondent disqualified for being chosen as a member of Parliament on the date fixed for the scrutiny of his nomination paper. It is not in dispute, since he is the returned candidate, that the acceptance of his nomination materially affected the result of the election.

(2.) ON May 2, 1959 the first respondent was appointed a junior clerk in the Administration of the Union territory of Dadra and Nagar Haveli. His appointment letter set out, inter alia, the following conditions:

(3.) ON November 21, 1984 the first respondent wrote a letter to the Collector, Dadra and Nagar Haveli (now referred to as 'the letter of termination'), which reads thus: