to the Chairman of a Panchayat Samiti and that of a Zila Parishad, for performing all official duties and journeys companycerning the Panchayat Samitis or Zila Parishad as the case may be, within the district, including attending of meeting, supervision of plans, projects, schemes and other works and also for the discharge of all lawful obligations and implementation of Government directives Chairman, Panchayat Samiti Rs.
Category II This shall include all other Members of the Panchayat Samitis and Zila Parishads.
Appeal under Section 116 A of the Representation of the People Act, 1951 from the judgment and order dated September 19, 1967 of the Punjab and Haryana High Court in Election Petition No.
The Chairmen, Vice Chairmen and Members shall, for the purpose of rates of mileage and daily allowance admissible to them under these rules, be divided into the following two categories Category I This shall include Chairmen and Vice Chairmen of the Panchayat Samitis and Zila Parishads.
Chairman, Zila Parishad Rs.
The High Court dismissed the election petition rejecting this companytention of the appellant and, companysequently the appellant has companye up to this Court in this appeal under section 116A of the Representation of the People Act, 1951.
28 of 1967.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
This was the only ground which was pressed at the trial of the election petition before the High Court of Punjab and Haryana at Chandigarh.
Admittedly, the respondent was the Chairman of a Panchayat Samiti and the ground that he was disqualified from being a candidate was based on Rules 3 to 7 of the Punjab Panchayat Samitis and Zila Parishads, Non official Members Payment of Allowances Rules, 1965 hereinafter referred to as the Rules which are as follows There shall be paid a monthly companysolidated allowance, in lieu of all other allowances, at the following rates.
Harder Singh, P. Parmeswara Rao and S.S. Khanduja, for the appellant.
K. Garg, S.CAgarwala, Baldev Singh Khojiand Anil Kumar Gupta, for respondent No.
1707 of 1967.
1 hereinafter referred to as the respondent , the successful candidate, in the General Election of 1967 to the Punjab Vidhan Sabha from Nakodar Constituency, District Jullundur, challenged the election of the respondent in an election petition inter alia on the ground that he was disqualified from being chosen as a member of the Assembly, because he was holding an office of profit under the State Government at the relevant time.
The Judgment of the Court was delivered by Bhargava, J. The appellant, who was defeated by respondent No.
