SHRIRAM HARIBHAU MANKAR Vs. MADHUSUDAN ATMARAM VAIRALE

JUDGEMENT

(1.) THE petitioner Shri. S. H. Mankar has challenged the election of the respondent as a member of the Maharastra Legislative Assembly from 104 Balapur Assembly Constituency in Akola District, at the recent elections held in February, 1967.

(2.) THE petitioner was himself a candidate at such election. The petitioner had originally challenged the election of the respondent on two grounds. Firstly he contended that the respondent was holding an office of profit under the State of Maharastra and was therefore disqualified from being nominated to or becoming a member of the Maharastra Legislative Assembly under Article 191 of the Constitution. His second ground of attack was that the respondent had himself used his office and taken help of Government officials and vehicles to strengthen his election machinery.

(3.) BOTH these allegations were denied by the respondent in his written statement; but the petitioner made a statement before this Court on 24-6-1967 that he did not want to press the second ground of attack mentioned in paragraph 5 (ii) of the petition. Thus the only ground that survives for consideration and decision is whether the respondent was disqualified from filing nomination under Article 191 (1) (a) of the Constitution.