Law:

Section:

JUDGMENT: 1958. August 21. The Judgment of the Court was delivered by SARKAR J.-The question for decision in this appeal is whether certain persons were holders of offices of profit under the Government and were therefore disqualified under Art. 191 of the Constitution, for being chosen as members of a legislative assembly. It arises out of a petition presented under theRepresentation of the People Act, 1951, for a declaration that the election of the appellant was void. The election with which the case is concerned, was held on March 8, 1957, for choosing members for the Mysore State Legislative Assembly. One of the constituencies for the purposes of election to that Assembly was known as Harihar. The nomination papers filed by three persons, namely, Hanumanthappa, Siddappa and Guru Rao for election from that constituency were rejected by the Returning Officer on the ground that the first two of them were Patels and the third a Shanbhog of certain villages in Mysore and as such they were all holders of offices of' profit under the Mysore Government and consequently disqualified from membership of the Assembly' under Art. 191. As a result of this rejection two candidates were left to contest the election and the appellant, who was one of them, was declared elected as he obtained the larger number of votes at the poll. Six electors of the Haribar constituency then filed the election petition for a declaration under s. 100 (1)(c) of the Representation of the People Act, 1951, that the election of the appellant was void on the ground that the nomination papers of Hanumanthappa, Siddappa and Guru Rao had been improperly rejected. If the rejection was improper the petition would have to be allowed. The appellant was the sole respondent to that petition. It was alleged in the petition that Patels and Shanbhogs were hereditary village officers and therefore were not holders of offices of profit under the Government. It was said that they were really representatives of the village community, and only acted as agents of that community or as liaisons between it and the Government, and that in any event they were not holders of offices of profit because the amount of…

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