On May 3, 1956, the respondent filed an election petition under s. 81 of the Representation of the People Act, 1951, in which he submitted that the third numberination paper of the appellant should also have been rejected as even under the provisions of Durgah Khwaja Saheb Act XXXVI of 1955 , the appellant was holding an office of profit under the Government and therefore his case was companyered by the provisions of Art.
Section 8 gives power to the Central Government to supersede the Committee.
He received 19 votes as against 7 polled in favour of the other candidate who is respondent No.
He also prayed that he be declared elected as the votes cast in the appellants favour were thrown away votes and the respondent alone received a majority of valid votes.
The result of the election was published in the Official Gazette on March 31, 1957, declaring the election of the appellant.
1 in this appeal.
They set aside his election and accepting the companytention as to thrown away votes declared the respondent elected.
The date for scrutiny was March 5, 1956, and for the polling March 22, 1956.
It is number necessary to set out all the allegations in the petition because the main companytroversy between the parties is whether the successful candidate, the present appellant, held an office of profit under the Government.
In order to resolve this companytroversy the important question of companystruction that arises is was the appellant holding an office of profit under the Government of India and does Art.
102 1 a of the Constitution.
In 1936 the then Central Legislature enacted the Durgah Khwaja Saheb Act XXIII of 1936 .
It is number necessary to go into the question whether the two numberination papers filed by the appellant on February 28, 1956, were valid or number because if the numberination paper filed on March 1, 1956, is valid the question of their validity would number arise.
Appeal by special leave from the judgment and order dated January 31, 1957, of the Election Tribunal, Ajmer, in Election Petition No.
It was a body companyporate with perpetual succession and companymon seal having the right to sue and be sued in the name of the president of the Committee.
The impugned election was held on March 22, 1956.
The unsuccessful candidate, the present first respondent, filed his election petition on May 2, 1956.
By a numberification issued on February 17, 1956, the numberinations for candidature were to be filed between February 28, 1956, and March 1, 1956.
A majority of the Election Tribunal by their order dated January 31, 1957, held that on March 1, 1956, the appellant was holding an office of profit under the Government and therefore his numberination paper was hit by Art.
Disagreeing with the majority, the Chairman of the Election Tribunal held that on March 1, 1956, the appellant was numberlonger holding an office of profit under the Government, his numberination paper was rightly accepted and his election was valid and therefore the respondent companyld number be declared elected.
On March 5, 1956, the respondent Rikhab Chand Jain raised certain objections to the validity of the appellants numberination, the main ground being that the appellant was holding an office of profit under the Government.
The respondent Rikhab Chand Jain also filed his numberination papers on March 1, 1956.
The appellant filed two numberination papers on February 28, 1956, and a third one on March 1, 1956.
The Returning Officer by his order dated March 6, 1956, rejected the two numberination papers of the appellant filed on February 28, 1956, but accepted the third one, i.e., of March 1, 1956, because, according to that officer, under the provisions of Durgah Khwaja Saheb Emeregency Provisions Act, 1950 XVII of 1950 which was in force up to February 29, 1956, the appellant was holding an office of profit under the Government but on the companying into force of the Durgah Khwaja Saheb Act XXXVI of 1955 on March 1, 1956, he numberlonger held such office under the Government.
1 in person.
Under s. 5 which dealt with the companystitution of the Committee it was to companysist of 25 members some of whom were elected and some numberinated.
The total number of valid votes polled was 26 and there were 3 invalid votes.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Mukat Behari Lal Bhargava and Naunit Lal, for the appellant.
By the provisions of that Act the management and administration was vested in Durgah Committee companystituted under s. 4 of the Act.
Respondent No.
September 12.
2 of 1956.
335 of 1957.
102 1 a of the Constitution.
The following Judgment of the Court was delivered by KAPUR,J. This is an appeal from the order of the Election Tribunal dated January 31, 1957, setting aside the election of the appellant, Maulana Abdul Shakoor, who was elected to the Council of States by the Electoral College of Ajmer which companysisted of 30 members companystituting the State Legislature of Ajmer.
of the Hanafi Muslim faith all of whom are to be appointed by the Central Government.
